Opinion
No. 73637
06-13-2018
MICHAEL EDWIN MILLER, JR., Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Michael Edwin Miller, Jr., appeals from a judgment of conviction entered pursuant to a guilty plea of attempted lewdness on a child under the age of fourteen years. Second Judicial District Court, Washoe County; Lynne K. Simons, Judge.
Miller claims the district court failed to consider the gestalt of his life during the sentencing hearing. He argues the district court was provided with "a review of [his] life, his youth, the family dynamics, his poverty, his lack of education, his lack of criminal history, and [his] mental health concerns," but it only considered his youth as a mitigating factor. He asserts his case should be remanded for a new sentencing hearing.
We review a district court's sentencing decision for abuse of discretion. Chavez v. State, 125 Nev. 328, 348, 213 P.3d 476, 490 (2009). Miller's 96- to 240-month prison term falls within the parameters of the relevant statutes. See NRS 193.330(1)(a)(1); NRS 201.230(2). And the record does not suggest the district court's sentencing decision was based on impalpable or highly suspect evidence. See Silks v. State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976).
Moreover, the record demonstrates the district court considered the parties' sentencing arguments, Miller's allocution, the testimony and letters presented on Miller's behalf, the psychologist's psychosexual evaluation and risk assessment, and the Division of Parole and Probation's presentence investigation report. The district court found Miller's youth to be the only significant mitigating factor. The district court further found Miller chose to commit the crime, the risk he would commit similar crimes in the future was too great, and the best way to protect the victim and the community was to place him in prison. Based on this record, we conclude the district court did not abuse its discretion at sentencing, and we
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Lynne K. Simons, District Judge
Washoe County Public Defender
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk