120 months for battery with a deadly weapon and 24 to 60 months for
child abuse. Appellant challenges his sentences on appeal.
First, appellant argues that the district court abused its
discretion by imposing consecutive sentences considering that he does not
have a significant criminal record, his wife suffered no permanent physical
injuries, and he suffers from alcoholism. A district court enjoys broad
discretion in sentencing matters, see Houk v. State, 103 Nev. 659, 664, 747
P.2d 1376, 1379 (1987), including the discretion to impose consecutive
sentences, see NRS 176.035(1); Warden, Nev. State Prison v. Peters, 83
Nev. 298, 303, 429 P.2d 549, 552 (1967). The district court was aware of
the mitigating circumstances to which appellant refers. Nevertheless, the
district court concluded that consecutive sentences were appropriate
because appellant's "horrible violence" was "directed clearly at different
people." We discern no abuse of discretion in this instance.
Second, appellant suggests that the district court's sentencing
decision was improperly based on his unwillingness to acknowledge his
guilt by entering a no contest plea. In this, he argues that the district
court concluded that he was avoiding responsibility for his crimes by
blaming his actions on alcoholism. At sentencing, counsel acknowledged
appellant's alcoholism and represented that appellant had consumed
sufficient alcohol on the day of the incident to black out, leaving him with
no recollection of the event. The district court clearly considered
appellant's alcoholism but was also influenced by the violent nature of the
offenses and the fact that two victims were involved. Given appellant's
reliance upon his alcoholism as mitigation and the district court's
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consideration of other factors in its sentencing decision, we discern no
error in this regard.
Having considered appellant's claims and concluded that they
lack merit, we
ORDER the judgment of conviction AFFIRMED.
J. J.
cc: Hon. Steve L. Dobrescu, District Judge
State Public Defender/Ely
State Public Defender/Carson City
Attorney General/Carson City
White Pine County District Attorney
White Pine County Clerk
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