Fluker (Robert) v. State

Nevada Supreme Court

Fluker (Robert) v. State

Opinion

Second, Fluker contends that the district court abused its discretion and "abdicated the sentencing calculus" by simply following the State's recommendation and imposing an excessive sentence without

considering the mitigating factors. Fluker also claims that by imposing the maximum sentence, "the district court effectively usurped the knowledge and authority of the parole board to determine if [he] could be rehabilitated earlier and be released earlier." We disagree. This court will not disturb a district court's sentencing

determination absent an abuse of discretion. Parrish v. State, 116 Nev. 982, 989, 12 P.3d 953, 957 (2000). Fluker failed to demonstrate that the district court relied solely on impalpable or highly suspect evidence. See

Chavez v. State, 125 Nev. 328, 347-48, 213 P.3d 476, 489-90 (2009).

Fluker's consecutive prison terms of 72-180 months, 96-240 months, and 72-180 months fall within the parameters provided by the relevant

statutes, see NRS 200.380(2); NRS 193.167(1), it is within the district court's discretion to impose consecutive sentences, see NRS 176.035(1), and the sentence imposed is not so unreasonably disproportionate to the gravity of the offenses as to shock the conscience, see CuIverson v. State, 95 Nev. 433, 435, 596 P.2d 220, 221-22 (1979); see also Harmelin v.

Michigan, 501 U.S. 957, 1000-01 (1991) (plurality opinion). The record does not support Fluker's claim that the district court either failed to consider the mitigating factors or abdicated its duty by adopting the State's sentence recommendation. Fluker further failed to offer any persuasive argument in support of his claim that the district court

SUPREME COURT OF NEVADA

2 (0) 1947A "usurped the knowledge and authority of the parole board" by imposing

the maximum sentence. We conclude that the district court did not abuse

its discretion at sentencing, and we ORDER the judgment of conviction AFFIRMED.

" ,

Erg J. Douglas Saitta

cc: Hon. Brent T. Adams, District Judge Cynthia C. Lu, Esq. Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT OF NEVADA

3 (0) 1947A

ii[2' 714* . 41. tf.:

Reference

Status
Unpublished