its sentencing decision on the influence of Lopez's gang affiliation, his history of violence, and the danger he posed to the community. Lopez failed to demonstrate that the State's assertion constituted "impalpable or highly suspect evidence," or that the district court relied solely on it when rendering its decision. Silks v. State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976). Accordingly, we ORDER the judgment of conviction AFFIRMED.

AC• s• J.

Hardesty

J.

Douglas --1411 -A

J.

cc: Hon. Michael Villani, District Judge Oronoz & Ericsson Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (01 I947A