Opinion
No. 71952
06-14-2017
REBECCA ALICE CHAMBERS, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Rebecca Alice Chambers appeals from a judgment of conviction, pursuant to a guilty plea, of theft. Fourth Judicial District Court, Elko County; Alvin R. Kacin, Judge.
Chambers claims the district court abused its discretion at sentencing by not suspending her sentence and placing her on probation, particularly where the district court itself said a term of imprisonment was not ideal. The granting of probation is discretionary. See NRS 176A.100(1)(c). See generally Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987) ("The sentencing judge has wide discretion in imposing a sentence . . . ."). This court will refrain from interfering with the sentence imposed "[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).
The sentence imposed in this case is within the parameters provided by the relevant statutes, see NRS 193.130(2)(c); NRS 205.0835(3), and Chambers does not allege the district court relied on impalpable or highly suspect evidence. Considering Chambers' criminal history and the facts in this case, we conclude the district court did not abuse its discretion by declining to suspend the sentence and place Chambers on probation. Accordingly, we
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Alvin R. Kacin, District Judge
Elko County Public Defender
Attorney General/Carson City
Elko County District Attorney
Elko County Clerk