Opinion
No. 59737.
05-10-2012
Jasen Lynn DUSHANE, Appellant, v. The STATE of Nevada, Respondent.
Washoe County Alternate Public Defender Attorney General/Carson City Washoe County District Attorney
Washoe County Alternate 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 attempted obtaining and/or using the personal identification information of another. Second Judicial District Court, Washoe County; Janet J. Berry, Judge.
Appellant Jasen Lynn Dushane contends that the district court abused its discretion at sentencing by following the State's recommendation and imposing a maximum term of incarceration to run consecutively to the sentence imposed in a federal case. This court will not disturb a district court's sentencing determination absent an abuse of discretion. See Parrish v. State. 116 Nev. 982, 989, 12 P.3d 953, 957 (2000). Dushane has not alleged that the district court relied solely on impalpable or highly suspect evidence or that the sentencing statute is unconstitutional. See Chavez v. State, 125 Nev. 328, 347–48, 213 P.3d 476, 489–90 (2009). Further, Dushane's prison term of 48–120 months falls within the parameters provided by the relevant statutes, see NRS 205.463(1) ; NRS 193.330(1)(a)(2), and it is within the district court's discretion to impose consecutive sentences, see NRS 176.035(1). We conclude that the district court did not abuse its discretion at sentencing, and we
ORDER the judgment of conviction AFFIRMED.