Opinion
No. 64187
04-10-2014
ANTHONY JACKSON A/K/A ANTHONY CORNELL ALEXANDER, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from a judgment of conviction, pursuant to a guilty plea, of attempted battery constituting domestic violence. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.
Appellant Anthony Jackson contends that the district court abused its discretion by imposing a sentence constituting cruel and unusual punishment. We disagree.
This court will not disturb a district court's sentencing determination absent an abuse of discretion. Parrish v. State, 116 Nev. 982, 989, 12 P.3d 953, 957 (2000). Jackson has not alleged that the district court relied solely on impalpable or highly suspect evidence or that the sentencing statutes are unconstitutional. See Chavez v. State, 125 Nev. 328, 348, 213 P.3d 476, 489-90 (2009). Jackson's prison term of 12-34 months falls within the parameters provided by the relevant statutes, see NRS 193.130(2)(d); NRS 193.330(1)(a)(4); NRS 200.485(1)(c), and the sentence imposed is not so unreasonably disproportionate to the gravity of the offense as to shock the conscience, see Culverson v. State, 95 Nev. 433, 435, 596 P.2d 220, 221-22 (1979); see also Harmelin v. Michigan, 501 U.S. 957, 1000-01 (1991) (plurality opinion). We conclude that the district court did not abuse its discretion at sentencing, and we
ORDER the judgment of conviction AFFIRMED.
The fast track statement submitted by Jackson fails to comply with the Nevada Rules of Appellate Procedure because the fact section does not contain any citations to the record. See NRAP 3C(e)(1)(C); NRAP 28(e)(1). Counsel for Jackson is cautioned that the failure to comply with the briefing requirements in the future may result in the imposition of sanctions. See NRAP 3C(n); Smith v. Emery, 109 Nev. 737, 743, 856 P.2d 1386, 1390 (1993).
_________________, J.
Pickering
_________________, J.
Parraguirre
_________________, J.
Saitta
cc: Hon. Kathleen E. Delaney, District Judge
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk