Zunigav.State

SUPREME COURT OF THE STATE OF NEVADAApr 9, 2013
No. 61261 (Nev. Apr. 9, 2013)

No. 61261

04-09-2013

OSCAR RAFAEL ZUNIGA, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 second-degree kidnapping. Eighth Judicial District Court, Clark County; Carolyn Ellsworth, Judge.

Appellant Oscar Rafael Zuniga contends that the district court abused its discretion by imposing an excessive sentence constituting cruel and unusual punishment. We disagree. This court will not disturb a district court's sentencing determination absent an abuse of discretion. See Parrish v. State, 116 Nev. 982, 989, 12 P.3d 953, 957 (2000). Zuniga's prison term of 72-180 months falls within the parameters provided by the relevant statute, see NRS 200.330 (category B felony punishable by a prison term of 2-15 years and fine not to exceed $15,000), and the sentence imposed is not so unreasonably disproportionate to the gravity of the offense as to shock the conscience, see Culverson v. State, 95 Nev. 433, 435, 596 P.2d 220, 221-22 (1979); see also Harmelin v. Michigan, 501 U.S. 957, 1000-01 (1991) (plurality opinion). We conclude that the district court did not abuse its discretion at sentencing, and we

ORDER the judgment of conviction AFFIRMED.

____________________________ J.


Hardesty


____________________________ J.


Parraguirre


____________________________ J.


Cherry
cc: Hon. Carolyn Ellsworth, District Judge


The Law Office of Dan M. Winder, P.C.


Attorney General/Carson City


Clark County District Attorney


Eighth District Court Clerk