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Enders v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 30, 2020
460 P.3d 35 (Nev. App. 2020)

Opinion

No. 79349-COA

03-30-2020

Cindy Rae ENDERS, Appellant, v. The STATE of Nevada, Respondent.

Elko County Public Defender Attorney General/Carson City Elko County District Attorney


Elko County Public Defender

Attorney General/Carson City

Elko County District Attorney

ORDER OF AFFIRMANCE

Cindy Rae Enders appeals from a judgment of conviction, pursuant to a no-contest plea, of unlawful taking of a motor vehicle. Fourth Judicial District Court, Elko County; Nancy L. Porter, Judge.

Enders contends the district court abused its discretion by sentencing her to 180 days in jail, to be served consecutively to the time imposed in an unrelated case. The district court has wide discretion in its sentencing decision, including whether to impose concurrent or consecutive sentences. See NRS 176.035(1) ; Pitmon v. State, 131 Nev. 123, 128-29, 352 P.3d 655, 659 (Ct. App. 2015) ; Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987). We will not interfere with a sentence imposed by the district court that falls within the parameters of the relevant sentencing statutes "[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 is within the parameters provided by the relevant statutes. See NRS 193.140 ; NRS 205.2715(1). And Enders does not allege that the district court relied on impalpable or highly suspect evidence. Having considered the sentence and the crime, we conclude the district court did not abuse its discretion in sentencing Enders. Accordingly, we

ORDER the judgment of conviction AFFIRMED.


Summaries of

Enders v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 30, 2020
460 P.3d 35 (Nev. App. 2020)
Case details for

Enders v. State

Case Details

Full title:CINDY RAE ENDERS, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Mar 30, 2020

Citations

460 P.3d 35 (Nev. App. 2020)