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Lemus v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Apr 14, 2015
No. 67246 (Nev. App. Apr. 14, 2015)

Opinion

No. 67246

04-14-2015

ANTONIO EDGAR LEMUS, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 guilty plea, of battery with the use a deadly weapon and assault with the use of a deadly weapon. Second Judicial District Court, Washoe County; Patrick Flanagan, Judge.

Appellant Antonio Lemus claims that the district court abused its discretion by sentencing him to a prison term without reasonably considering probation. We disagree.

The granting of probation is discretionary. See NRS 176A.100(1)(c); see generally Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987) ("The sentencing judge has wide discretion in imposing a sentence . . . ."). This court will refrain from interfering with the sentence imposed "[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).

Before imposing sentence, the district court considered Lemus' lack of prior criminal history; his good family support, employment, and health; the facts of the crime; and the purposes of sentencing. The district court sentenced Lemus to concurrent terms of imprisonment totaling 24-72 months. The sentence imposed is within the parameters provided by the relevant statutes, see NRS 200.471(2)(b), NRS 200.481(2)(e)(1), and Lemus does not allege that the district court relied on impalpable or highly suspect evidence. The record does not support Lemus' claim that the district court did not reasonably consider his request for probation. Considering the violent nature of the crime, we are not convinced that the district court abused its discretion in declining to suspend the sentence and place Lemus on probation. Accordingly, we

ORDER the judgment of conviction AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Silver
cc: Hon. Patrick Flanagan, District Judge

Washoe County Public Defender

Attorney General/Carson City

Washoe County District Attorney

Washoe District Court Clerk


Summaries of

Lemus v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Apr 14, 2015
No. 67246 (Nev. App. Apr. 14, 2015)
Case details for

Lemus v. State

Case Details

Full title:ANTONIO EDGAR LEMUS, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Apr 14, 2015

Citations

No. 67246 (Nev. App. Apr. 14, 2015)