Sparacino (Timothy) v. State ( 2014 )


Menu:
  •                  Sparacino failed to object to do not rise to the level of plain error. Before
    imposing sentence, the district court disclaimed reliance upon all
    statements which fell outside the scope of NRS 176.015(3). See Buschauer,
    106 Nev. at 893, 804 P.2d at 1048. For these reasons, Sparacino fails to
    demonstrate that the district court violated his right to due process, see id.
    at 893-94, 804 P.2d at 1048, or abused its discretion at sentencing, see
    Randell, 109 Nev. at 8, 846 P.2d at 280; Silks v. State, 
    92 Nev. 91
    , 94, 
    545 P.2d 1159
    , 1161 (1976) (a district court abuses its discretion if it bases its
    sentencing determination only upon impalpable or highly suspect
    evidence). Accordingly, we
    ORDER the judgment of conviction AFFIRMED.
    kC)i                        J.
    Pickering
    J.
    Parraguirre
    Saitta
    cc: Hon. James Todd Russell, District Judge
    Attorney General/Carson City
    Carson City District Attorney
    State Public Defender
    Carson City Clerk
    SUPREME COURT
    OF
    NEVADA
    2
    kO) 1917A    e
    

Document Info

Docket Number: 64628

Filed Date: 6/11/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014