Missouri (Kyle) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA KYLE DANA MISSOURI, No. 62213 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. APR 0 9 2013 TRACIE K. LINDEMAN CL.9P2M14EURT 11Y.T.LIZ IY DEPUTY CLERK ORDER OF AFFIRMANCE This is an appeal from a judgment of conviction, pursuant to a guilty plea, of attempted invasion of the home. Sixth Judicial District Court, Humboldt County; Michael Montero, Judge. Appellant Kyle Dana Missouri claims that the district court abused its discretion at sentencing by imposing a prison term rather than placing him on probation. The district court imposed a prison term of 12 to 36 months after hearing that Missouri, a young man, had already served 10 prior jail terms for other offenses. We conclude that the district court did not abuse its discretion, see NRS 176A.100(1)(c); NRS 193.130(2)(c); NRS 193.330(1)(a)(3); NRS 205.067(2); Houk v. State, 103 SUPREME COURT OF NEVADA (0) 1947A -16b 4.0 111 ' vi'liVii1-7',::',:_- S.,!:-It.wleBitwax-rikkzeredicansminegissaum . _ailirM.M5 4N: -;...:SkIre Nev. 659, 664, 747 P.2d 1376, 1379 (1987), and we ORDER the judgment of conviction AFFIRMED." Ac,t ,J cc: Hon. Michael Montero, District Judge Humboldt County Public Defender Attorney General/Carson City Humboldt County District Attorney Humboldt County Clerk 'Missouri's fast track statement does not comply with NRAP 3C(h)(1) and NRAP 32(a)(4) because it does not have margins of at least one inch on all four sides. We caution appellant's counsel, Matt Stermitz, that future failure to comply with the applicable rules when filing briefs in this court may result in the imposition of sanctions. See NRAP 3C(n). SUPREME COURT OF NEVADA 2 (0) 1947A RM gREM