district court's inquiry by stating that it was not sure which person was

telling the truth about the girlfriend's role in the conspiracy. These

comments were within the State's discretion to "comment upon the

circumstances of the crime," and we conclude that the State did not breach

its obligations under the plea agreement.

Second, Matlean contends that the district court committed

reversible error by not allowing him to cross-examine a witness who

presented victim impact testimony. Matlean did not make a request to

cross-examine the witness. Therefore, Matlean's contention that the

district court prevented him from doing so lacks merit and he is not

entitled to relief on this claim.

Third, Matlean contends that the district court was

improperly influenced by the victim impact testimony of the victim's wife.

"So long as the record does not demonstrate prejudice resulting from

consideration of information or accusations founded on facts supported

only by impalpable or highly suspect evidence, this court will refrain from

interfering with the sentence imposed." Silks v. State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976). The witness' statement was not impalpable or

highly suspect evidence. See Randell v. State, 109 Nev. 5, 7-8, 846 P.2d 278, 280 (1993). Therefore, we conclude that Matlean is not entitled to

relief on this claim.

Fourth, Matlean asks this court to overrule our opinion in

Randell v. State, 109 Nev. 5, 7-8, 846 P.2d 278, 280 (1993), permitting a SUPREME COURT

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witness to express an opinion as to a defendant's sentence in a noncapital

case. Matlean has offered no persuasive authority in support of his

argument and we therefore decline his invitation to revisit this issue.

Having considered Matlean's contentions and concluded that

he is not entitled to relief, we

ORDER the judgment of conviction AFFIRMED.

Hardesty

cc: Hon. Michael P. Gibbons, District Judge

Kenneth A. Stover

Attorney General/Carson City

Douglas County District Attorney/Minden

Douglas County Clerk SUPREME COURT

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