Opinion
No. 72738
04-11-2018
KENNETH CHARLES PAZ, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Kenneth Charles Paz appeals from a judgment of conviction, pursuant to a guilty plea, for battery with the use of a deadly weapon. First Judicial District Court, Carson City; James E. Wilson, Judge.
Paz contends the district court abused its discretion by denying his request to be placed 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 in this case—24 to 120 months—is within the parameters provided by the relevant statute, see NRS 200.481(2)(e)(1), and Paz does not allege the district court relied on impalpable or highly suspect evidence. We therefore conclude the district court did not abuse its discretion in declining to suspend the sentence and place Paz on probation. Accordingly, we
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. James E. Wilson, District Judge
State Public Defender/Carson City
Attorney General/Carson City
Carson City District Attorney
Carson City Clerk