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Thomas v. State

Supreme Court of Nevada
Oct 19, 1983
99 Nev. 757 (Nev. 1983)

Summary

holding that the district court abused its discretion because the defendant's refusal to admit guilt was a central consideration at sentencing

Summary of this case from Chavez-Juarez v. State

Opinion

No. 13941

October 19, 1983

Appeal from Eighth Judicial District Court, Clark County; Howard W. Babcock, Judge.

Morgan D. Harris, Public Defender, and E. Lee Thomson, Deputy Public Defender, Clark County, for Appellant.

Brian McKay, Attorney General, Carson City; Robert J. Miller, District Attorney, and James Tufteland, Deputy District Attorney, Clark County, for Respondent.


OPINION


This is an appeal from a judgment of conviction for burglary and grand larceny. Appellant Thomas contends that the evidence was insufficient to support his conviction, and that the district court abused its discretion in determining his sentence. We disagree with the first contention, but agree with the second. We therefore affirm Thomas' conviction, but reverse and remand as to the sentence.

After Thomas was convicted, the Department of Parole and Probation recommended that the district court place him on probation. Relying on the fact that Thomas continued to maintain his innocence, however, the court rejected this recommendation and instead sentenced Thomas to concurrent four year terms. The court stated:

I am a little surprised at the recommendation of the [Probation] Department. This man still stands before this Court claiming his innocence. He was seen by neighbors at the scene of the crime. Furniture was removed from the house and left on the front lawn. He still tells us, however, that he just happened to be there with these other persons who were having a bad influence upon him.

If he were man enough to admit his guilt, that might be one thing, but he was given a fair trial. . . .

Thomas contends, and we agree, that in relying on the fact that Thomas refused to admit guilt, the district court abused its discretion in determining a sentence. See Bushnell v. State, 97 Nev. 591, 637 P.2d 529 (1981). The sentence therefore cannot stand.

We have also considered Thomas' contentions concerning the sufficiency of the evidence, and we conclude that they are without merit. See Merryman v. State, 95 Nev. 648, 601 P.2d 53 (1979); People v. Zallar, 553 P.2d 756 (Colo. 1976). Accordingly, we affirm his conviction.

We affirm that part of the judgment finding Thomas guilty of burglary and grand larceny. We reverse that part of the judgment sentencing Thomas to concurrent four-year terms, and we remand this case for resentencing.


Summaries of

Thomas v. State

Supreme Court of Nevada
Oct 19, 1983
99 Nev. 757 (Nev. 1983)

holding that the district court abused its discretion because the defendant's refusal to admit guilt was a central consideration at sentencing

Summary of this case from Chavez-Juarez v. State

holding that imposing harsher sentence after trial on defendant who refused to admit guilt was an abuse of discretion because defendant retained Fifth Amendment right to refuse to incriminate himself while appeal was pending and new trial was still a possibility

Summary of this case from Cassinelli v. State

holding that imposing harsher sentence after trial on defendant who refused to admit guilt was an abuse of discretion because defendant retained Fifth Amendment right to refuse to incriminate himself while appeal was pending and new trial was still a possibility

Summary of this case from Cassinelli v. State
Case details for

Thomas v. State

Case Details

Full title:ANDREW THOMAS, APPELLANT, v. THE STATE OF NEVADA, RESPONDENT

Court:Supreme Court of Nevada

Date published: Oct 19, 1983

Citations

99 Nev. 757 (Nev. 1983)
670 P.2d 111

Citing Cases

Chavez-Juarez v. State

Castillo v. State, 110 Nev. 535, 545, 874 P.2d 1252, 1259 (1994), disapproved of on other grounds by Wood v.…

Chavez-Juarez v. Russell

; Thomas v. State, 99 Nev. 757, 758, 670 P.2d 111, 112 (1983); Bushnell v. State, 97 Nev. 591, 593-94,…