Opinion
No. 73437
05-15-2018
STIG CORRIN STRONG, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Stig Corrin Strong appeals from a "Judgment of Revocation of Probation." First Judicial District Court, Carson City; James Todd Russell, Judge.
Strong was convicted pursuant to a no contest plea of carrying a concealed weapon. The district court sentenced him to a prison term of 12 to 32 months, suspended the sentence, and placed him on probation. The Division of Parole and Probation allowed him to return to California while his request for interstate supervision was pending. Thereafter, California denied his request, the Division instructed him to return to Nevada, and he absconded and remained at large until he was arrested and extradited more than a year later.
Strong claims probation revocation was not warranted by the facts of his case. The decision to revoke probation falls 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). The record on appeal demonstrates the district court heard testimony from which it could reasonably infer that Strong's conduct was not as good as required by the conditions of his probation. See id. Accordingly, we conclude the district court did not abuse its discretion by revoking his probation.
Strong further claims the district court erred by not modifying his original sentence to run concurrently with his sentence in another case. NRS 176A.630(5) gives the district court discretion to modify the original sentence upon determining the probationer has violated a condition of his probation. The record on appeal demonstrates the district court considered the parties' arguments for and against modifying the original sentence and decided not to modify the original sentence. We conclude the district court did not abuse its discretion in this regard.
Having concluded Strong is not entitled to relief, we
ORDER the "Judgment of Revocation of Probation" AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. James Todd Russell, District Judge
State Public Defender/Carson City
Attorney General/Carson City
Carson City District Attorney
Carson City Clerk