Young (Roland) v. State ( 2013 )


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  •                       withdraw his guilty plea. See Molina v. State, 
    120 Nev. 185
    , 191, 
    87 P.3d 533
    , 537-38 (2004) ("A thorough plea canvass coupled with a detailed,
    consistent, written plea agreement supports a finding that the defendant
    entered the plea voluntarily, knowingly, and intelligently." (internal
    quotation marks omitted)).'
    Young also asserts that the sentence imposed constitutes cruel
    and unusual punishment. 2 Young's sentence of 48 to 120 months in prison
    is within the parameters of NRS 205.067(2), he does not allege that the
    statute is unconstitutional, and we are not convinced that the sentence
    imposed is so disproportionate to the gravity of the offense as to shock the
    conscience.    See Harmelin v. Michigan, 
    501 U.S. 957
    , 1000-01 (1991)
    (plurality opinion); Blume v. State, 
    112 Nev. 472
    , 475, 
    915 P.2d 282
    , 284
    (1996). Therefore, we conclude that the sentence does not constitute cruel
    and unusual punishment, and we
    ORDER the judgment of conviction AFFIRMED.
    Hardesty
    pc
    Parraguirre
    1 To the extent Young asserts that his plea was not knowingly
    entered because he was not aware of the consequences of habitual criminal
    treatment, he did not raise this claim in the district court and we decline
    to address it on appeal in the first instance. O'Guinn v. State, 
    118 Nev. 849
    , 851, 
    59 P.3d 488
    , 489-90 (2002). Further, we note that the district
    court declined to adjudicate Young as a habitual criminal.
    2 District   Judge Linda Marie Bell imposed Young's sentence.
    SUPREME COURT
    OF
    NEVADA
    (0) 1947A     67AE>
    4,
    laDmamentams
    cc: Hon. Michael Villani, District Judge
    Hon. Linda Marie Bell, District Judge
    Law Offices of Martin Hart, LLC
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A
    

Document Info

Docket Number: 62446

Filed Date: 7/23/2013

Precedential Status: Non-Precedential

Modified Date: 4/18/2021