Opinion
No. 73271
04-11-2018
LAWRENCE ALFRED BESAW, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Lawrence Alfred Besaw appeals from a judgment of conviction, pursuant to a guilty plea, for three counts of sexual assault of a child under the age of 14 years. Sixth Judicial District Court, Humboldt County; Michael Montero, Judge.
Besaw contends the district court abused its discretion in imposing consecutive sentences because it made no findings on the record to warrant the imposition of consecutive terms. The district court has wide discretion in its sentencing decision, including whether to impose concurrent or consecutive sentences. See NRS 176.035(1); Pitmon v. State, 131 Nev. 123, 128-29, 352 P.3d 655, 659 (Ct. App. 2015); see also Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987). We will not interfere with sentences imposed by the district court that fall within the parameters of relevant sentencing statutes "[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).
Here, Besaw does not allege, and the record does not demonstrate, that the district court considered information or accusations founded on facts supported by impalpable or highly suspect evidence. Further, Besaw's sentences of life in prison with the possibility of parole after 35 years fall within the parameters of his sentencing statute. See NRS 200.366(3)(c). Accordingly, we
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Michael Montero, District Judge
Humboldt County Public Defender
Attorney General/Carson City
Humboldt County District Attorney
Humboldt County Clerk