Coyer (Travis) v. State
Coyer (Travis) v. State
Opinion
that Coyer provided assistance in the prosecution of another case. The sentencing agreement was drafted after Coyer entered his plea and did not have the effect of amending the guilty plea agreement; it was not signed by Coyer and it was not presented to the district court for approval.
Moreover, the sentencing agreement's terms were fulfilled.' The parties informed the district court that Coyer provided substantial assistance, the district court considered Coyer's assistance as a mitigating factor, and the State argued for probation. Accordingly, we conclude that Coyer's contention is belied by the record and that he has failed to demonstrate plain error in this regard.
Coyer also contends that "[t]he district court abused its sentencing discretion by failing to consider the July Sentencing Agreement and the assistance [he] provided in the prosecution of another matter." We review a district court's sentencing decision for abuse of discretion.
Chavez v. State, 125 Nev. 328, 348, 213 P.3d 476, 490 (2009). Coyer's 16- to 60-month prison sentence falls within the parameters of the relevant statute, see MRS 205.060(2), he has not demonstrated that the district court relied solely upon impalpable evidence, see Denson v. State, 112 Nev. 489, 492, 915 P.2d 284, 286 (1996), and the district court's decision to grant probation is discretionary, see NRS 176A.100(1)(c). Moreover, as Thesentencing agreement provided, "If I provide the substantial assistance by testifying truthfully at all criminal proceedings including but not limited to the preliminary hearing and trial, then the State will inform the Court that I have provided substantial assistance and recommend probation for the charge of burglary." SUPREME COURT OF NEVADA (0) 1947A ze discussed above, the record indicates that the district court considered the assistance that Coyer provided as a mitigating factor. Accordingly, we conclude that the district court did not abuse its sentencing discretion.
Having determined that Coyer is not entitled to relief, we ORDER the judgment of conviction AFFIRMED.
j i-A--Q-Ldartt Hardesty
tELfii tAr-S Douglas Cherry
cc: Hon. Gary Fairman, 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
Case-law data current through December 31, 2025. Source: CourtListener bulk data.