Etheridge v. State, 111915 NVCA, 68413

Docket Nº:68413
Party Name:BILLY G. ETHERIDGE, Appellant, v. THE STATE OF NEVADA, Respondent.
Judge Panel:Gibbons, C.J, Tao, J., Silver, J. Hon. Douglas Smith, District Judge.
Case Date:November 19, 2015
Court:Court of Appeals of Nevada
 
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BILLY G. ETHERIDGE, Appellant,

v.

THE STATE OF NEVADA, Respondent.

No. 68413

Court of Appeals of Nevada

November 19, 2015

UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

This is an appeal from a judgment of conviction, pursuant to a guilty plea, of two counts of coercion, sexually motivated. Eighth Judicial District Court, Clark County; Douglas Smith, Judge.

Appellant Billy Etheridge claims, because this was his first felony conviction, imposition of the maximum sentence is shocking and constitutes cruel and unusual punishment.

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.'" Blume v. State, 112 Nev. 472, 475, 915 P.2d 282, 284 (1996) (quoting 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) (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 district court sentenced Etheridge to serve consecutive prison terms of 28 to 72 months. The sentence imposed is within the parameters...

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