Opinion
No. 71852
06-14-2017
MARCUS HYRUM MCCLERKIN, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Marcus Hyrum McClerkin appeals from a district court order revoking probation. Sixth Judicial District Court, Humboldt County; Michael Montero, Judge.
McClerkin claims the district court abused its discretion by revoking his probation because the court's decision was improperly based on his decision not to exercise his right to allocution. We disagree.
The decision to revoke probation is within the broad discretion of the district court, and will not be disturbed absent a clear showing of abuse. Lewis v. State, 90 Nev. 436, 438, 529 P.2d 796, 797 (1974). Evidence supporting a decision to revoke probation must merely be sufficient to reasonably satisfy the district court that the conduct of the probationer was not as good as required by the conditions of probation. Id.
McClerkin admitted to the probation violations at the revocation hearing. Under these circumstances, he failed to demonstrate the district court's decision to revoke his probation was based on his decision to not exercise his right to allocution. We conclude the district court did not abuse its discretion by revoking McClerkin's probation, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Michael Montero, District Judge
Humboldt County Public Defender
Attorney General/Carson City
Humboldt County District Attorney
Humboldt County Clerk