Opinion
No. 75062-COA
02-15-2019
JAMES CURTIS IVEY, JR., Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
James Curtis Ivey, Jr., appeals under NRAP 4(c) from a judgment of conviction entered pursuant to a guilty plea of robbery with the use of a deadly weapon and conspiracy to commit robbery. Eighth Judicial District Court, Clark County; Stefany Miley, Judge.
Ivey argues his sentence is cruel and unusual because he accepted responsibility for the crimes. Regardless of its severity, "[a] sentence within the statutory limits is not 'cruel and unusual punishment unless the statute fixing punishment is unconstitutional or the sentence is so unreasonably disproportionate to the offense as to shock the conscience.'" Blume v. State, 112 Nev. 472, 475, 915 P.2d 282, 284 (1996) (quoting Culverson v. State, 95 Nev. 433, 435, 596 P.2d 220, 221-22 (1979)); see also Harmelin v. Michigan, 501 U.S. 957, 1000-01 (1991) (plurality opinion) (explaining the Eighth Amendment does not require strict proportionality between crime and sentence; it forbids only an extreme sentence that is grossly disproportionate to the crime).
Ivey's consecutive sentences totaling 133 to 420 months in prison fall within the parameters of the relevant statutes, see NRS 176.035(1); NRS 193.165(1); NRS 199.480(1)(a); NRS 200.380(2), and Ivey does not argue the statutes are unconstitutional. Therefore, Ivey fails to demonstrate his sentence constitutes cruel and unusual punishment. Accordingly, we
ORDER the judgment of conviction AFFIRMED.
/s/_________, A.C.J.
Douglas
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Stefany Miley, District Judge
Law Office of Julian Gregory, L.L.C.
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk