Opinion
No. 76415-COA
03-14-2019
TACUMA MWANZA-EL, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Tacuma Mwanza-El appeals from a judgment of conviction, entered pursuant to a guilty plea, of sex offender failure to notify appropriate agencies of change of address. Second Judicial District Court, Washoe County; Lynne K. Simons, Judge.
Mwanza-El argues the district court abused its discretion by sentencing him to a prison term rather than placing him on probation. 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).
The sentence imposed of 19 to 48 months is within the parameters provided by the relevant statutes, see NRS 179D.550(1); NRS 193.130(2)(d), and Mwanza-El does not allege that the district court relied on impalpable or highly suspect evidence. The district court determined Mwanza-El should be sentenced to prison rather than placed on probation based on his past failures to register. Given this circumstance, and Mwanza-El's extensive criminal history, we conclude the district court did not abuse its discretion in declining to suspend the sentence and place Mwanza-El on probation. Accordingly, we
ORDER the judgment of conviction AFFIRMED.
/s/_________, J.
Tao
/s/_________, J.
Gibbons
/s/_________, J.
Bulla cc: Hon. Lynne K. Simons, District Judge
Washoe County Public Defender
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk