Geiger (Michael) v. State C/W 66115 ( 2014 )


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  •                     that the sentences run concurrently). The district court is afforded wide
    discretion in its sentencing decision, see Houk v. State, 
    103 Nev. 659
    , 664,
    
    747 P.2d 1376
    , 1379 (1987), and absent sole reliance on impalpable or
    highly suspect evidence, we will not interfere with the district court's
    imposition of a sentence within statutory guidelines, see Silks v. State, 
    92 Nev. 91
    , 94, 
    545 P.2d 1159
    , 1161 (1976). Geiger does not allege that the
    district court relied on impalpable or highly suspect evidence nor that his
    sentence of 2 to 5 years falls outside the statutory parameters, see NRS
    193.130; NRS 205.273(4). Moreover, it is within the district court's
    discretion to impose consecutive sentences, see NRS 176.035(1). We
    disagree with Geiger's argument that his consecutive sentence violates the
    purpose of NRS 176.035(1) and conclude that the district court did not
    abuse its discretion at sentencing.
    Next, Geiger claims that his convictions for possession of a
    credit and/or debit card without consent and fraudulent use of a credit or
    debit card in district court case no. CR13-1712 violate the Double
    Jeopardy Clause. He argues that possession of a credit and/or debit card
    without consent is a lesser-included offense of fraudulent use of a credit or
    debit card and he cannot be convicted of both. The State concedes the
    error, and we agree.   See Moore v. State, 
    122 Nev. 27
    , 35, 
    126 P.3d 508
    ,
    513 (2006). Therefore, we reverse the portion of the judgment of
    conviction in district court case no. CR13-1712 adjudicating Geiger guilty
    of being in possession of a credit and/or debit card without consent and
    remand for the district court to correct the judgment of conviction.
    Accordingly, we
    ORDER the judgment of conviction in Docket No. 66104
    AFFIRMED and the judgment of conviction in Docket No. 66115
    SUPREME COURT
    OF
    NEVADA
    2
    (0') I 047A    oe
    AFFIRMED IN PART AND REVERSED IN PART AND REMAND this
    matter to the district court for proceedings consistent with this order.
    /-4tA,Sat..1
    Hardesty
    ho4
    J.                                         J.
    Douglas                                     Cherry
    cc:   Hon. Connie J. Steinheimer, District Judge
    Washoe County Public Defender
    Attorney General/Carson City
    Washoe County District Attorney
    Washoe District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) I947A    i4IP94
    

Document Info

Docket Number: 66104

Filed Date: 11/12/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021