Opinion
84288-COA
07-27-2022
RAFAEL ROSAS CARDENAS, Appellant, v. THE STATE OF NEVADA, Respondent.
UNPUBLISHED OPINION
ORDER OF AFFIRMANCE
Gibbons C.J.
Rafael Rosas Cardenas appeals from a judgment of conviction, entered pursuant to a guilty plea, of child abuse, neglect, or endangerment resulting in substantial bodily or mental harm and involving sexual exploitation. Sixth Judicial District Court, Humboldt County; Michael Montero, Judge.
Cardenas argues the district court abused its discretion by imposing the maximum sentence possible without considering the "individualized circumstances" of his case and without articulating any rationale for its decision. Cardenas also appears to argue that his sentence constitutes cruel and unusual punishment.
"Generally, when a defendant pleads guilty and agrees to a specific sentence, he waives his right to challenge the propriety of his sentence." Burns v. State, 137 Nev., Adv. Op. 50, 495 P.3d 1091, 1102 (2021) (internal quotation marks and punctuation omitted). In the guilty plea agreement, the State and Cardenas agreed to jointly recommend that the district court impose a prison term of 96 to 240 months, and defense counsel requested that the district court adopt this sentence at the sentencing hearing. We therefore conclude that because Cardenas received the sentence to which he stipulated, he cannot challenge the imposition of that sentence on appeal. See id. at 1103. Accordingly, we
We note that Cardenas arraignment was held on October 12, 2021, and the Burns decision was issued on September 23, 2021.
ORDER the judgment of conviction AFFIRMED.
Tao J., Bulla J.
Hon. Michael Montero, District Judge