Opinion
No. 60913.
12-12-2012
Raul Pimentel HERNANDEZ, Appellant, v. The STATE of Nevada, Respondent.
Humboldt County Public Defender Attorney General/Carson City Humboldt County District Attorney
Humboldt County Public Defender
Attorney General/Carson City
Humboldt County District Attorney
ORDER OF AFFIRMANCE
This is an appeal from a judgment of conviction, pursuant to a guilty plea, of possession of a controlled substance. Sixth Judicial District Court, Humboldt County; Michael Montero, Judge.
Appellant argues that the district court abused its discretion by denying his request to enter into a diversion program and not placing him on probation. In fashioning appellant's sentence, the district court considered appellant's request and rejected probation in light of his significant criminal history, which included convictions for violent offenses, and the fact that he committed the instant offense after having absconded while on parole for another crime. Under those circumstances, we cannot say that the district court abused its broad discretion in sentencing appellant as it did. Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987) (observing that the district court is afforded wide discretion in sentencing decisions). Accordingly, we
ORDER the judgment of conviction AFFIRMED.