Opinion
No. 67480
07-14-2015
GEORGE CHRISTOPHER GEORGE, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from a judgment of conviction entered pursuant to a guilty plea of mortgage fraud. Second Judicial District Court, Washoe County; Connie J. Steinheimer, Judge.
Appellant George Christopher George claims the district court abused its discretion by deviating from the State's sentencing recommendation and sentencing him to a prison term of six to twenty years. George argues the district court did not offer any reasons for the increased sentence and its upward deviation appears to be an arbitrary exercise of judicial power.
The district court has wide discretion in its sentencing decision. See Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987). We will not interfere with the sentence imposed by the district court "[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 district court imposed a sentence that falls within the parameters of the relevant statute. See NRS 205.372(2). The record does not suggest the court's sentencing decision was based on impalpable or highly suspect evidence. And the record reveals the court rejected the State's sentencing recommendation because George's extensive personal contact with his victims and his "absolute lack of concern" for their "very vulnerable positions" showed "a level of behavior that [was] unacceptable over and beyond the amount of money that was actually taken." Given this record, we are not convinced the district court abused its sentencing discretion. Accordingly, we
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Connie J. Steinheimer, District Judge
Washoe County Public Defender
Attorney General/Carson City
Attorney General/Reno
Washoe County District Attorney
Washoe District Court Clerk