Kirkpatrick v. State
Kirkpatrick v. State
Opinion of the Court
OPINION
In this appeal, we consider whether the statutory sentencing enhancement for promoting the activities of a criminal gang may be applied to a conviction for conspiracy. We conclude that such a sentencing enhancement is proper.
Appellant Ian Scott Kirkpatrick was originally convicted, pursuant to a guilty plea, of one count of conspiracy to commit murder and one count of assault with a deadly weapon. The district court sentenced Kirkpatrick to concurrent prison terms of 24 to 60 months for the assault and 48 to 120 months for the conspiracy to commit murder. As provided in NRS 193.168(1), the district court also imposed an additional and consecutive term of 48 to 120 months as a gang enhancement for the conspiracy count. The district court suspended the sentence and placed Kirkpatrick on probation for a period not to exceed 5 years. Approximately six months after sentencing, the district court revoked Kirkpatrick’s probation, imposing the original sentence. The district court entered an amended judgment of conviction and corrected order revoking probation on October 14, 2005. This timely appeal followed.
Kirkpatrick also contends that the district court erred by denying his motion to modify his sentence. “[A] motion to modify a sentence is limited in scope to sentences based on mistaken assumptions about a defendant’s criminal record which work to the defendant’s extreme detriment.”
To the extent that Kirkpatrick argues that the district court should have reduced his sentence at the revocation proceeding as provided in NRS 176A. 630(5), we note that such action by the district court is discretionary, and we conclude that the district court did not abuse its discretion.
117 Nev. 659, 27 P.3d 447 (2001); see also NRS 193.165(1) (providing sentencing enhancement for any person who uses a firearm or other deadly weapon in the commission of a crime).
Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996).
See NRS 176A. 630(5) (providing that, upon violation of a probation condition, district court may “[m]odify the original sentence imposed by
Reference
- Full Case Name
- IAN SCOTT KIRKPATRICK v. THE STATE OF NEVADA
- Cited By
- 2 cases
- Status
- Published