Opinion
No. 61570
03-13-2013
DON WAYNE TELLER, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 lewdness with a child under the age of 14 and attempted sexual assault. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.
Appellant argues that the district court's sentence was based on impalpable and highly suspect evidence and the prosecution's denigration of his sincere remorse and accountability of his actions. During sentencing, the prosecution and the defense presented opposing views concerning appellant's remorse and accountability for his crimes. The district court heard those arguments and was aware of the presentence investigation report and appellant's psychosexual evaluation, and, after considering those matters, the district court imposed sentence with no comment. Based on the record before us, we conclude that appellant failed to demonstrate that the district court based its decision on impalpable or highly suspect evidence or otherwise abused its discretion. Silks v. State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976) (observing that district court is vested with broad discretion in sentencing and that this court will reverse sentencing decision supported only by impalpable and highly suspect evidence). Accordingly, we
ORDER the judgment of conviction AFFIRMED.
______________________, J.
Gibbons
______________________, J.
Douglas
______________________, J.
Saitta
cc: Hon. Michelle Leavitt, District Judge
Kristina M. Wildeveld
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk