Matlean (James) v. State

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

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,e -*T- M WEIRMEiEfi 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

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