Opinion
No. 63507
02-13-2014
JACK ALBERT SCHWARTZ, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 theft. Second Judicial District Court, Washoe County; Connie J. Steinheimer, Judge.
Appellant Jack Albert Schwartz contends that the district court abused its discretion by imposing a term of incarceration rather than a suspended sentence with probation. We disagree. This court will not disturb a district court's sentencing determination absent an abuse of discretion. Parrish v. State, 116 Nev. 982, 989, 12 P. 3d 953, 957 (2000). Schwartz's prison term of 48-120 months and $10,000 fine fall within the parameters provided by the relevant statute. See NRS 205.0835(4). Moreover, the granting of probation is discretionary. See NRS 176A.100(1)(c). We conclude that the district court did not abuse its discretion at sentencing, and we
Schwartz was also ordered to pay restitution totaling $1,005,000 to 8 different victims.
ORDER the judgment of conviction AFFIRMED.
__________, J.
Pickering
__________, J.
Parraguirre
__________, J.
Saitta
cc: Hon. Connie J. Steinheimer, District Judge
Washoe County Public Defender
Attorney General/Carson City
Attorney General/Reno
Washoe County District Attorney
Washoe District Court Clerk