347-48, 213 P.3d 476, 489-90 (2009). Tirado's prison term of 16-72 months
falls within the parameters provided by the relevant statute, NRS
205.226(2), and the sentence imposed is not so unreasonably
disproportionate to the gravity of the offense as to shock the conscience,
see CuIverson v. State, 95 Nev. 433, 435, 596 P.2d 220, 221-22 (1979); see
also Harmelin v. Michigan, 501 U.S. 957, 1000-01 (1991) (plurality
opinion). Further, it is within the district court's discretion to impose
consecutive sentences. See NRS 176.035(1). Notably, at the sentencing
hearing, Tirado asked the district court to impose a consecutive sentence
pursuant to negotiations; according to defense counsel, the plea deal also
included Tirado's stipulation to the revocation of his probation in district
court case no. CR12-1137 and the State's dismissal of an additional
pending case. We conclude that the district court did not abuse its
discretion at sentencing, and we
ORDER the judgment of conviction AFFIRMED. 2
Hardesty
po k
Parraguirre
k
The fast track statement fails to comply with NRAP 3C(h)(1)
2
because the footnotes are not "in the same size and typeface as the body of
the brief," NRAP 32(a)(5). Counsel for Tirado is cautioned that the failure
to comply with the briefing requirements in the future may result in the
imposition of sanctions. See NRAP 3C(n).
SUPREME COURT
OF
NEVADA
2
(0) 1947A
cc: Hon. Connie J. Steinheimer, District Judge
Hardy Law Group
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0) 1947A