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George v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Jul 14, 2015
No. 67480 (Nev. App. Jul. 14, 2015)

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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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


Summaries of

George v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Jul 14, 2015
No. 67480 (Nev. App. Jul. 14, 2015)
Case details for

George v. State

Case Details

Full title:GEORGE CHRISTOPHER GEORGE, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jul 14, 2015

Citations

No. 67480 (Nev. App. Jul. 14, 2015)