Opinion
82869-COA
02-18-2022
DARNELL BUCHANAN, Appellant, v. THE STATE OF NEVADA, Respondent.
UNPUBLISHED OPINION
ORDER OF AFFIRMANCE
Gibbons, C.J.
Darnell Buchanan appeals from a judgment of conviction, entered pursuant to a guilty plea, of robbery. Eighth Judicial District Court, Clark County; Erika D. Ballou, Judge.
Buchanan claims his sentence amounts to cruel and unusual punishment. Regardless of its severity, "[a] sentence within the statutory limits is not 'cruel and unusual punishment unless the statute fixing punishment is unconstitutional or the sentence is so unreasonably disproportionate to the offense as to shock the conscience."' Blume v. State, 112 Nev. 472, 475, 915 P.2d 282, 284 (1996) (quoting Culverson v. State, 95 Nev. 433, 435, 596 P.2d 220, 221-22 (1979)); see also Harmelin v. Michigan, 501 U.S. 957, 1000-01 (1991) (plurality opinion) (explaining the Eighth Amendment does not require strict proportionality between crime and sentence; it forbids only an extreme sentence that is grossly disproportionate to the crime).
The district court imposed the stipulated sentence of 36 to 120 months in prison. The sentence imposed is within the parameters provided by the relevant statute, see NRS 200.380(2), and Buchanan does not allege that the statute is unconstitutional. We conclude the sentence imposed is not grossly disproportionate to the crime and does not constitute cruel and unusual punishment. Accordingly, we
ORDER the judgment of conviction AFFIRMED.
Tao, Bulla, J.
Hon. Erika D. Ballou, District Judge.