Boncimino v. State

Full title: ALAN SCOTT BONCIMINO, Appellant, v. THE STATE OF NEVADA, Respondent.

Court: Court of Appeals of Nevada

Date published: Jul 8, 2022

No. 84294-COA (Nev. App. Jul. 8, 2022)

Opinion

84294-COA

07-08-2022

ALAN SCOTT BONCIMINO, Appellant, v. THE STATE OF NEVADA, Respondent.

GIBBONS, C.J.

UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

GIBBONS, C.J.

Alan Scott Boncimino appeals from an order for revocation of probation and second amended judgment of conviction. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.

Boncimino claims his sentence of 12 to 36 months in prison constitutes cruel and unusual punishment. He does not challenge the revocation of his probation. The order for revocation of probation and second amended judgment of conviction merely reinstated the sentence that the district court imposed in its original judgment of conviction. Therefore, Boncimino's claim could have been raised in an appeal from the original judgment of conviction. His failure to raise it in an appeal from his original judgment of conviction waived this claim, and it is thus not properly raised in this appeal. See Jackson v. State, 133 Nev. 880, 882, 410 P.3d 1004, 1006 (Ct. App. 2017). Accordingly, we

ORDER the order for revocation of probation and second amended judgment of conviction AFFIRMED.

Tao, J., Bulla, J.

Hon. Michelle Leavitt, District Judge