Opinion
No. 76189-COA
03-14-2019
CASSIDY ANN ROBBINS, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Cassidy Ann Robbins appeals from a judgment of conviction, entered pursuant to a guilty plea, of attempted battery causing substantial bodily harm. First Judicial District Court, Carson City; James Todd Russell, Judge.
Robbins argues the district court abused its discretion by sentencing her to serve a prison term rather than placing her on probation with mental health court as a condition of probation. We review a district court's sentencing decision for abuse of discretion, see Chavez v. State, 125 Nev. 328, 348, 213 P.3d 476, 490 (2009), including the decision to grant probation, see NRS 176A.100(1)(c).
Robbins' 12-to-34-month prison term falls within the parameters of the relevant statutes. See NRS 193.330(1)(a)(4); NRS 200.481(2)(b). And Robbins failed to demonstrate the district court's sentencing decision was based on impalpable or highly suspect evidence. See Silks v. State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976).
The district court based its sentencing decision on the information presented by the parties including the psychological examination report, the presentence investigation report, the facts of the crime, the jail phone calls between Robbins and her boyfriend, and Robbins' criminal record. Given this record, we conclude the district court did not abuse its discretion at sentencing, and we
ORDER the judgment of conviction AFFIRMED.
/s/_________, J.
Tao
/s/_________, J.
Gibbons
/s/_________, J.
Bulla cc: Hon. James Todd Russell, District Judge
State Public Defender/Carson City
Attorney General/Carson City
Carson City District Attorney
Carson City Clerk