Opinion
No. 57512.
06-08-2011
Martin Kevin FLORES, 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 burglary and grand larceny. Second Judicial District Court, Washoe County; Connie J. Steinheimer, Judge.
Appellant Martin Kevin Flores contends that the district court abused its discretion at sentencing because he has enrolled in classes to better himself; he only committed the crimes to support his family; the crimes were not violent; he has successfully completed probation in the past; and, by sentencing him to the maximum possible sentences, the district court usurped the role of the parole board, which is in the best position to determine when he is rehabilitated. We disagree. Flores's concurrent sentences of 24 to 120 months and 24 to 60 months are within the statutory limits, see NRS 193.130(2)(c) ; NRS 205.060(2) ; NRS 205.222(2), and Flores does not allege that the district court relied on “impalpable or highly suspect evidence,” Silks v. State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976). Accordingly, we conclude that the district court did not abuse its discretion at sentencing, see Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987), and we
ORDER the judgment of conviction AFFIRMED.