Opinion
No. 71497
06-14-2017
JAMES I. SANCHEZ, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
James I. Sanchez appeals from a district court order for revocation of probation and second amended judgment of conviction. Eighth Judicial District Court, Clark County; Eric Johnson, Judge.
Sanchez asserts the district court abused its discretion by revoking his probation based upon his behavior after being stopped by police. We disagree.
The decision to revoke probation is within the broad discretion of the district court, and will not be disturbed absent a clear showing of abuse. Lewis v. State, 90 Nev. 436, 438, 529 P.2d 796, 797 (1974). Evidence supporting a decision to revoke probation must merely be sufficient to reasonably satisfy the district court that the conduct of the probationer was not as good as required by the conditions of probation. Id.
The district court found Sanchez violated the conditions of his probation by failing to comply with the officers' directions, by trying to damage the officers' vehicle, and by failing to take the action he needed in terms of obtaining a high school diploma or GED. The court also found Sanchez had a history of probation violations. Based on these findings, the court revoked Sanchez' probation and caused the previously imposed sentence to be executed. We conclude the evidence presented was sufficient to satisfy the court Sanchez' conduct was not as good as required by the conditions of his probation and the court did not abuse its discretion by revoking Sanchez' probation. Accordingly, we
ORDER the order revoking probation and second amended judgment of conviction AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Eric Johnson, District Judge
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk