Opinion
No. 60785.
12-13-2012
Wade Richard KELLY, Appellant, v. The STATE of Nevada, Respondent.
Kenneth J. McKenna Attorney General/Carson City Washoe County District Attorney
Kenneth J. McKenna
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 felon in possession of a firearm. Second Judicial District Court, Washoe County; Connie J. Steinheimer, Judge.
Appellant argues that the district court erred by awarding restitution because the charge he pleaded guilty to did not allege any injuries against the victim. Respondent asserts that it cannot meaningfully address this issue because appellant's counsel, Ken McKenna, has failed to provide transcripts of the relevant portions of the record. See NRAP 3C(e)(2)(C) ; NRAP 30(b)(2). Respondent further asserts that it appears that the issue was not adequately preserved for appeal because the district court minute entries included in the appendix indicate that appellant stipulated to the restitution award.
Mr. McKenna has failed to comply with the rules of this court when drafting the fast track statement and compiling the appendix. In addition to failing to provide this court with the transcripts of the plea canvass and sentencing hearing, Mr. McKenna has failed to provide this court with a concise statement of the facts, the procedural history of the case, and legal authority in support of the issue raised on appeal, and the argument presented is minimal at best. See NRAP 3C(e)(1)(B)-(C), (2)(C) ; NRAP 30(b)(2). We conclude that Mr. McKenna's failure to comply with the rules of this court warrants the imposition of sanctions. See NRAP 3C(n) ; NRAP 30(g)(2) ; Smith v. Emery, 109 Nev. 737, 743, 856 P.2d 1386, 1390 (1993) (sanctioning counsel and “impress[ing] upon the members of the bar [the court's] resolve to end the lackadaisical practices of the past and to enforce the Nevada Rules of Appellate Procedure”). Mr. McKenna shall have 20 days from the date of this order to pay the sum of $500 to the Supreme Court Law Library and file proof of such payment with this court.
The burden is on the appellant to provide this court with an adequate record to review the assignments of error. Greene v. State, 96 Nev. 555, 558, 612 P.2d 686, 688 (1980). And this court need not address issues unsupported by “relevant authority and cogent argument.” Maresca v. State, 103 Nev. 669, 673, 748 P.2d 3, 6 (1987). Because Mr. McKenna has failed to provide us with an adequate record and relevant authority, we decline to address the restitution issue, and we
ORDER the judgment of conviction AFFIRMED.