IN THE SUPREME COURT OF THE STATE OF NEVADA

KYLE DANA MISSOURI, No. 62213 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. APR 0 9 2013 TRACIE K. LINDEMAN CL.9P2M14EURT 11Y.T.LIZ IY DEPUTY CLERK ORDER OF AFFIRMANCE

This is an appeal from a judgment of conviction, pursuant to a

guilty plea, of attempted invasion of the home. Sixth Judicial District

Court, Humboldt County; Michael Montero, Judge.

Appellant Kyle Dana Missouri claims that the district court

abused its discretion at sentencing by imposing a prison term rather than

placing him on probation. The district court imposed a prison term of 12

to 36 months after hearing that Missouri, a young man, had already

served 10 prior jail terms for other offenses. We conclude that the district

court did not abuse its discretion, see NRS 176A.100(1)(c); NRS

193.130(2)(c); NRS 193.330(1)(a)(3); NRS 205.067(2); Houk v. State, 103

SUPREME COURT OF NEVADA

(0) 1947A -16b 4.0 111 ' vi'liVii1-7',::',:_- S.,!:-It.wleBitwax-rikkzeredicansminegissaum . _ailirM.M5 4N: -;...:SkIre Nev. 659, 664, 747 P.2d 1376, 1379 (1987), and we

ORDER the judgment of conviction AFFIRMED."

Ac,t ,J

cc: Hon. Michael Montero, District Judge Humboldt County Public Defender Attorney General/Carson City Humboldt County District Attorney Humboldt County Clerk

'Missouri's fast track statement does not comply with NRAP 3C(h)(1) and NRAP 32(a)(4) because it does not have margins of at least one inch on all four sides. We caution appellant's counsel, Matt Stermitz, that future failure to comply with the applicable rules when filing briefs in this court may result in the imposition of sanctions. See NRAP 3C(n).

SUPREME COURT OF NEVADA

2 (0) 1947A

RM gREM