Edwards
v.
State

This case is not covered by Casetext's citator
COURT OF APPEALS OF THE STATE OF NEVADAJun 9, 2017
No. 71037 (Nev. App. Jun. 9, 2017)

No. 71037

06-09-2017

HAROLD EDWARDS, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Harold Edwards appeals a judgment of conviction, entered pursuant to a jury verdict, of possession of credit or debit card without cardholder's consent and battery on a protected person. Eighth Judicial District Court, Clark County; Valerie Adair, Judge.

Appellant challenges his sentence as cruel and unusual. "Regardless of its severity, a sentence that is within the statutory limits is not cruel and unusual punishment unless the statute fixing punishment is unconstitutional or the sentence is so unreasonably disproportionate to the offense as to shock the conscience." Harte v. State, 132 Nev. ___, ___, 373 P.3d 98, 102 (2016) (quoting Blume v. State, 112 Nev. 472, 475, 915 P.2d 282, 284 (1996)); see also Harmelin v. Michigan, 501 U.S. 957, 1000-01 (1991) (plurality opinion) (explaining the Eighth Amendment does not require strict proportionality between crime and sentence; it forbids only an extreme sentence that is grossly disproportionate to the crime). The sentence imposed is within the parameters provided by the relevant statutes, see NRS 205.690, 193.130(2)(d), and Edwards does not allege that those statutes are unconstitutional. We conclude the sentence imposed is not grossly disproportionate to the crime and does not constitute cruel and unusual punishment.

We note that Edwards's judgment of conviction erroneously labeled his five convictions for the crime of possession of credit cards without the cardholder's consent as "category C" felonies, but they are actually category D felonies. NRS 205.690. Still, Edwards's sentences fall within the parameters provided for category D felonies. See NRS 193.130(2)(d). --------

Accordingly we,

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.


Silver

/s/_________, J.


Tao

/s/_________, J.


Gibbons cc: Hon. Valerie Adair, District Judge


Clark County Public Defender


Attorney General/Carson City


Clark County District Attorney


Eighth District Court Clerk