Opinion
No. 57138.
06-08-2011
Sean David FOLLETT, 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, entered pursuant to a guilty plea, of three counts of burglary. Second Judicial District Court, Washoe County; Brent T. Adams, Judge.
Appellant Sean David Follett contends that the district court abused its discretion at sentencing because he has had a drug problem from a young age, was the victim of sexual abuse as a child, attended treatment and counseling while in jail, and will be attending an intensive rehabilitation program while in federal prison. We disagree. Follett's three consecutive sentences of 48 to 120 months are within the statutory limits, see NRS 205.060(2), and Follett 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). It is within the district court's discretion to run sentences consecutively. NRS 176.035(1). 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.