Opinion
85612-COA
08-08-2023
DERRICK ANTHONY MCKINNEY, Appellant, v. THE STATE OF NEVADA, Respondent.
UNPUBLISHED OPINION
ORDER OF AFFIRMANCE [*]
Gibbons, C.J.
Derrick Anthony McKinney appeals from a judgment of conviction, entered pursuant to a guilty plea, of attempted ownership or possession of firearm by prohibited person. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge.
McKinney argues his sentence amounts to cruel and unusual punishment because it is disproportionate to the crime. 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).
The district court sentenced McKinney to 12 to 30 months in prison, suspended his sentence, and placed him on probation for a period not to exceed 12 months. The sentence imposed is within the parameters provided by the relevant statutes, see NRS 176A.100(1)(c); NRS 193.130(2)(c); NRS 193.153(1)(a)(3); NRS 202.360(1), and McKinney does not allege that those statutes are unconstitutional We conclude the sentence imposed is not grossly disproportionate to the crime and does not constitute cruel and unusual punishment- Therefore, we
ORDER the judgment of conviction AFFIRMED.
Bulla, J. Westbrook, J.
cc: Hon. Tierra Danielle Jones, District Judge