Opinion
No. 67951
09-15-2015
CHRISTINE JEAN GIUSTI, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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, pursuant to a jury verdict, of unlawful use of a controlled substance. Sixth Judicial District Court, Humboldt County; Michael Montero, Judge.
Appellant Christine Jean Giusti argues the district court abused its discretion by sentencing her to prison rather than to probation or drug court. Giusti argues the district court imposed a prison term because Giusti exercised her right to a trial rather than pleading guilty. We review a district court's sentencing decision for abuse of discretion. See Chavez v. State, 125 Nev. 328, 348, 213 P.3d 476, 490 (2009). A sentencing "court is privileged to consider facts and circumstances which clearly would not be admissible at trial." Silks v. State, 92 Nev. 91, 93-94, 545 P.2d 1159, 1161 (1976). However, we "will reverse a sentence if it is supported solely by impalpable and highly suspect evidence." Denson v. State, 112 Nev. 489, 492, 915 P.2d 284, 286 (1996).
Our review of the record reveals the district court did not base its sentencing decision on impalpable or highly suspect evidence. The district court considered Giusti's criminal history and concluded probation and drug court were not appropriate, particularly in light of Giusti's prior instances of failing to successfully complete probation or parole. We therefore conclude Giusti fails to demonstrate the district court abused its discretion at sentencing. Accordingly, we
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Michael Montero, District Judge
Humboldt County Public Defender
Attorney General/Carson City
Humboldt County District Attorney
Humboldt County Clerk