Opinion
No. 59648.
04-11-2012
Washoe County Alternate Public Defender Attorney General/Carson City Washoe County District Attorney
Washoe County Alternate Public Defender
Attorney General/Carson City
Washoe County District Attorney
ORDER OF AFFIRMANCE
This is an appeal from a judgment of conviction, pursuant to a guilty plea, of attempted home invasion. Second Judicial District Court, Washoe County; David A. Hardy, Judge.
Appellant argues that the district court abused its discretion by not sentencing him to a residential treatment facility, disregarding the sentencing recommendation in the presentence investigation report, and ignoring his alcohol addiction. The sentencing transcript shows that the district court read the presentence investigation report and acknowledged appellant's lifelong alcohol abuse. Nevertheless, noting appellant's lengthy criminal history, comprised of 25 prior misdemeanor convictions and 36 arrests, the district court concluded that it could not “in good conscience divert [appellant] out of a criminal conviction” or release him into the community. We discern no abuse of discretion by the district court in sentencing appellant to a term of 24 to 60 months in prison. See Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987) (noting broad discretion afforded district courts in sentencing matters).
Accordingly, we
ORDER the judgment of conviction AFFIRMED.