charges, the State was free to argue for any legal sentence. Prior to
sentencing, Johnson was arrested for domestic battery. At sentencing, the
State informed the district court that it was "sticking to" the terms of the
agreement and would not be exercising its discretion to argue for any legal
sentence, but proceeded to argue for a sentence greater than probation.
We conclude that the State did not breach the terms of the agreement
because it had the discretion to argue in this manner and clearly exercised
that discretion despite asserting that it was not. And even assuming
otherwise, Johnson fails to demonstrate plain error because the record
makes clear that the prosecutor's argument did not influence the district
court's sentencing decision. See Mendoza-Lobos, 125 Nev. at 644, 218 P.3d
at 507.
Second, Johnson contends that the district court abused its
discretion at sentencing by considering his domestic violence arrest.
Johnson requests this court to adopt a bright-line rule prohibiting the
district court from considering subsequent arrests at sentencing. "A
district court is vested with wide discretion regarding sentencing," and
"[flew limitations are imposed on a judge's right to consider evidence in
imposing a sentence." Denson v. State, 112 Nev. 489, 492, 915 P.2d 284,
286 (1996). However, "this court will reverse a sentence if it is supported
solely by impalpable and highly suspect evidence." Id. Here, the record
reflects that Johnson was sentenced for his role in the instant offense and
his apparent lack of remorse; the district court only considered Johnson's
domestic violence arrest when evaluating whether the State was entitled
to argue for any legal sentence. We conclude the district court did not
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abuse its discretion and we decline to impose a bright-line rule prohibiting
the consideration of subsequent arrests.
Having considered Johnson's contentions and concluded that
no relief is warranted, we
ORDER the judgment of conviction AFFIRMED.
Hardesty
±./D1 oVel J. J.
Douglas
cc: Hon. Scott N. Freeman, District Judge
Suzanne M. Lugaski
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
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