Troedelv.State

SUPREME COURT OF THE STATE OF NEVADAJun 13, 2013
No. 62235 (Nev. Jun. 13, 2013)

No. 62235

06-13-2013

BENNY FRANK TROEDEL, III, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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. Second Judicial District Court, Washoe County; Connie J. Steinheimer, Judge.

Appellant contends that the district court abused its discretion at sentencing by relying upon impalpable and highly suspect evidence and failing to consider his individual characteristics and that of the crime. We disagree. The district court stated that it considered the testimony of appellant's mother, counsels' argument, and the letters from appellant's family, and determined that a sentence of 60-180 months imprisonment was appropriate considering the nature of the act committed and the crime for which appellant was charged. This sentence falls within statutory guidelines, NRS 193.330(1)(a)(1); NRS 201.230(2), and appellant fails to demonstrate that it was "supported solely by impalpable and highly suspect evidence," Benson v. State, 112 Nev. 489, 492, 915 P.2d 284, 286 (1996). We conclude that the district court did not abuse its discretion, Parrish v. State, 116 Nev. 982, 989, 12 P.3d 953, 957 (2000), and we

ORDER the judgment of conviction AFFIRMED.

_________________, J.

Hardesty

_________________, J.
Parraguirre
_________________, J.
Cherry
cc: Hon. Connie J. Steinheimer, District Judge


Washoe County Public Defender


Attorney General/Carson City


Washoe County District Attorney


Washoe District Court Clerk