Opinion
No. 71948
10-11-2017
NATHAN CLARENCE OAKIE, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Nathan Clarence Oakie appeals from a judgment of conviction entered pursuant to a guilty plea of robbery. First Judicial District Court, Carson City; James Todd Russell, Judge.
Oakie claims the district court abused its discretion by imposing the sentence in this case to run consecutively to the sentence imposed in a different case. Oakie claims the district court failed to consider the psychological examination report provided by Oakie and the recommendations it contained.
It is within the district court's discretion to impose consecutive sentences. See NRS 176.035(1); Pitmon v. State, 131 Nev. ___, ___, 352 P.3d 655, 659 (Ct. App. 2015); 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 in this case, 60 to 180 months in prison, is within the parameters provided by the relevant statute, see NRS 200.380(2), and Oakie failed to allege the district court relied on facts supported only by impalpable or highly suspect evidence. The district court considered the psychological examination report provided by Oakie, but determined Oakie should be given a consecutive sentence because this case was wholly separate from the other case and Oakie endangered the life of a police officer. We conclude the district court did not abuse its discretion in imposing consecutive sentences, and we
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. James Todd Russell, District Judge
State Public Defender/Carson City
Attorney General/Carson City
Carson City District Attorney
Carson City Clerk