Nevada Supreme Court, 2013

Gubbine (Sonny) v. State

Gubbine (Sonny) v. State
Nevada Supreme Court · Decided July 22, 2013

Gubbine (Sonny) v. State

Opinion

id., 115 Nev. at 390, 990 P.2d at 1262, we conclude that this claim lacks merit.

Second, Gubbine contends that the State failed to give proper notice that a victim impact statement would reference a prior bad act and the district court abused its discretion by considering the prior bad act.

The defense objected on hearsay grounds to the witness' mention of the act and the district court noted that, although not hearsay, the statement was inappropriate. The district court stated that it would not consider any uncharged crimes and specified that it based Gubbine's sentence upon the acts to which he pleaded no contest, the effect of the crimes on his children and parents, and his inability to conform his conduct to the requirements of the law. See Buschauer v. State, 106 Nev. 890, 894, 804 P.2d 1046, 1049 (1990) (a district court can disclaim reliance on prior bad acts when imposing sentence). Gubbine's consecutive sentences of 48-120 months on count I, 12 months on count II, 24-60 months on count III, and 24-60 months on count IV, are within the parameters provided by relevant statutes, NRS 193.140; NRS 200.508(1)(b)(1); NRS 200.5099(1)(a); NRS 205.060(2), and we conclude that the district court did not abuse its discretion at sentencing, see NRS 176.035(1); Parrish v. State, 116 Nev. 982, 989, 12 P.3d 953, 957 (2000). Accordingly, we ORDER the judgment of conviction AFFIRMED.

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Hardesty

Parraguirre SUPREME COURT OF NEVADA (0) 1947A cc: Hon. Steve L. Dobrescu, District Judge State Public Defender/Ely State Public Defender/Carson City Attorney General/Carson City White Pine County District Attorney White Pine County Clerk

SUPREME COURT OF NEVADA (0) 1947A

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