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Mueller v. State

COURT OF APPEALS OF THE STATE OF NEVADA
May 15, 2018
No. 73036 (Nev. App. May. 15, 2018)

Opinion

No. 73036

05-15-2018

SIEGFRIED MUELLER, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Siegfried Mueller appeals from a judgment of conviction entered pursuant to a guilty plea of burglary with possession of a deadly weapon and violation of a temporary court order restricting stalking or harassment. Tenth Judicial District Court, Churchill County; Thomas L. Stockard, Judge.

Mueller claims the district court abused its discretion at sentencing by imposing the maximum possible penalty even though the victim admitted to exaggerating her injuries, the State inappropriately suggested he was not remorseful, and the Division of Parole and Probation recommended a lesser sentence.

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). "Few limitations are imposed on a judge's right to consider evidence in imposing a sentence, and courts are generally free to consider information extraneous to the pre-sentencing report." Denson v. State, 112 Nev. 489, 492, 915 P.2d 284, 286 (1996). However, we "will reverse a sentence if it is supported solely by impalpable and highly suspect evidence." Id.

Mueller's 72- to 180-month prison sentence and 227-day jail sentence fall within the parameters of the relevant statutes. See NRS 193.140; NRS 200.591(5)(a); NRS 205.060(4). The record does not support Mueller's claims that the victim admitted to exaggerating her injuries and the State's sentencing argument was inappropriate, nor does it demonstrate the district court relied on impalpable or highly suspect evidence in reaching its sentencing decision. We note the district court was not required to follow the sentencing recommendations of the Division of Parole and Probation, see Collins v. State, 88 Nev. 168, 171, 494 P.2d 956, 957 (1972), and we conclude the district court did not abuse its discretion at sentencing. Accordingly, we

ORDER the judgment of conviction AFFIRMED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Thomas L. Stockard, District Judge

The Law Office of Jacob N. Sommer

Attorney General/Carson City

Churchill County District Attorney/Fallon

Churchill County Clerk


Summaries of

Mueller v. State

COURT OF APPEALS OF THE STATE OF NEVADA
May 15, 2018
No. 73036 (Nev. App. May. 15, 2018)
Case details for

Mueller v. State

Case Details

Full title:SIEGFRIED MUELLER, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: May 15, 2018

Citations

No. 73036 (Nev. App. May. 15, 2018)