Opinion
No. 62724
12-17-2013
BUD REESE, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from a judgment of conviction, pursuant to a guilty plea, of burglary. Eighth Judicial District Court, Clark County; Jennifer P. Togliatti, Judge.
Appellant Bud Reese contends that the district court abused its discretion by imposing a sentence constituting cruel and unusual punishment. We disagree.
Reese's sentence of 60 to 150 months in prison is within the statutory limits, see NRS 207.010(1)(a), and Reese fails to demonstrate that it is so disproportionate to the crime and his criminal history "as to shock the conscience," Blume v. State, 112 Nev. 472, 475, 915 P.2d 282, 284 (1996) (internal quotation marks omitted); see also Harmelin v. Michigan, 501 U.S. 957, 1000-01 (1991) (plurality opinion). Reese does not assert that the relevant statute is unconstitutional, id., or that the district court relied on "impalpable or highly suspect evidence," Silks v. State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976). Accordingly, he fails to demonstrate that the sentence imposed constitutes cruel and unusual punishment or that the district court abused its discretion at sentencing, see Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987), and we
Reese has failed to include the sentencing transcript in the appendix and did not move for transmission of the presentence investigation report. NRAP 3C(e)(2)(C); NRAP 30(b)(1), (6).
ORDER the judgment of conviction AFFIRMED.
________________, C.J.
Pickering
________________, J.
Hardesty
________________, J.
Cherry
cc: Hon. Jennifer P. Togliatti, District Judge
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk