Opinion
No. 72349
12-14-2017
PENISIMANI ULUI TAUNAHOLO, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Penisimani Ului Taunaholo appeals from a judgment of conviction, pursuant to a guilty plea, of one count each of grand larceny and ex-felon in possession of a firearm. Second Judicial District Court, Washoe County; Elliott A. Sattler, Judge.
Taunaholo contends the district court abused its discretion when it sentenced him to identical, consecutive terms of 19 to 48 months. It is within the district court's discretion to impose identical, consecutive sentences. See NRS 176.035(1); Pitmon v. State, 131 Nev. ___, ___, 352 P.3d 655, 659 (Ct. App. 2015); Warden v. Peters, 83 Nev. 298, 303, 429 P.2d 549, 552 (1967). See generally Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987) ("The sentencing judge has wide discretion in imposing a sentence."). This court will refrain from interfering with the sentence imposed "[s]o long as the record does not demonstrate prejudice resulting from consideration of information or accusations founded on facts supported only by impalpable or highly suspect evidence." Silks v. State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976).
Taunaholo does not claim the district court relied on information supported only by impalpable or highly suspect evidence. Further, the sentences imposed in this case are within the parameters provided by the relevant statutes. See NRS 193.130(2)(c); NRS 202.360(1); NRS 205.222(2). We therefore conclude the district court did not abuse its discretion in imposing identical consecutive sentences, and we
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Elliott A. Sattler, District Judge
Washoe County Public Defender
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk