Vivar, Jr. (Ever) v. State

district court should be required to articulate whether it has considered that evidence in making its decision. Here, the district court did state that "the record should reflect the Court has received and reviewed" the mitigation evidence. Vivar has not demonstrated that the district court based its sentencing decision solely on his gang affiliation and that it did not sentence him as an individual by taking into consideration his mitigation evidence. We discern no abuse of discretion and we ORDER the judgment of conviction AFFIRMED.

J. Pickerhi:

420lare J.

Parraguirre

Saitta cc: Hon. Brent T. Adams, District Judge

David Kalo Neidert

Attorney General/Carson City

Washoe County District Attorney

Washoe District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A (efga