Opinion
No. 57910.
09-14-2011
Edward BOECHAT, Appellant, v. The STATE of Nevada, Respondent.
Washoe County Public Defender Attorney General/Carson City Washoe County District Attorney
Washoe County Public Defender
Attorney General/Carson City
Washoe County District Attorney
ORDER OF AFFIRMANCE
This is an appeal from a judgment of conviction, pursuant to a guilty plea, of possession of a stolen motor vehicle. Second Judicial District Court, Washoe County; Steven P. Elliott, Judge.
Appellant Edward Boechat contends that the district court abused its discretion at sentencing because it would have been equally rational to place him on probation with completion of mental health court as a condition. We disagree.
Boechat's sentence of 24 to 60 months in prison is within the statutory limits, see NRS 205.273(3) ; NRS 193.130(2)(c), and he does not allege that the district court relied on “impalpable or highly suspect evidence,” Silks v. State, 92 Nev. 91, 94, 545 P .2d 1159, 1161 (1976). Further, it is within the district court's discretion whether to grant a defendant probation, NRS 176A.100(l)(c), and Boechat concedes that the district court rationally exercised its discretion in imposing his sentence. We conclude that the district court did not abuse its discretion at sentencing, see Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987), and we
ORDER the judgment of conviction AFFIRMED.