Opinion
No. 68908
11-18-2016
GARY EARL EMERSON, II, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
This is an appeal from a judgment of conviction, pursuant to a guilty plea, of unlawful sale of a controlled substance. First Judicial District Court, Carson City; James E. Wilson, Judge.
Appellant Gary Earl Emerson, II, claims the district court abused its discretion at sentencing by denying his application to be assigned to a program of treatment pursuant to NRS 453.580 and his petition for admission to the drug court program. He asserts it was undisputed he was a drug addict with a non-violent history of misdemeanor convictions and he had one prior diversion into the drug court program, which he completed successfully,
Emerson's sentence of 12 to 36 months in prison is within the statutory limits, see NRS 453.321(2)(a), and he does not allege the district court relied on "impalpable or highly suspect evidence," Silks v. State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976). We conclude the district court did not abuse its discretion by rejecting Emerson's request to be placed in a drug court program, see NRS 453.580(1); Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987), and we
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver cc: Hon. James E. Wilson, District Judge
Michael C. Novi
Attorney General/Carson City
Carson City District Attorney
Carson City Clerk