Chavez v. State, 111519 NVSC, 77266

Docket Nº:77266
Opinion Judge:GIBBONS, C.J.
Party Name:MANUEL ANTONIO CHAVEZ, Appellant, v. THE STATE OF NEVADA, Respondent.
Judge Panel:Silver, Douglas, J. Hon. Tierra Danielle Jones, District Judge
Case Date:November 15, 2019
Court:Supreme Court of Nevada
 
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MANUEL ANTONIO CHAVEZ, Appellant,

v.

THE STATE OF NEVADA, Respondent.

No. 77266

Supreme Court of Nevada

November 15, 2019

UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

GIBBONS, C.J.

This is an appeal from a judgment of conviction, pursuant to a guilty plea, of conspiracy to commit robbery and robbery with the use of a deadly weapon.1 Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge.

Appellant Manuel Chavez pleaded guilty to conspiracy to commit robbery and robbery with the use of a deadly weapon resulting from a one-night robbery spree involving five separate victims. The district court accepted the plea; dismissed four additional counts of robbery with the use of a deadly weapon and one count of burglary while in possession of a | firearm pursuant to the plea agreement; and sentenced Chavez to an aggregate of 67 to 168 months. Chavez argues his sentence was grossly disproportionate to his crimes so as to shock the conscience, in violation of the Eighth Amendment of the United States Constitution. We disagree.

"The Eighth Amendment of the United States Constitution does not require strict proportionality between crime and sentence," Harmelin v. Michigan, 501 U.S. 957, 1001 (1991) (plurality opinion), and a sentence that is within statutory limits will not be considered cruel and unusual unless the statute assigning punishment is unconstitutional "or the sentence is so; unreasonably disproportionate to the offense as to shock the conscience," Chavez v. State, 125 Nev. 328, 348, 213 P.3d 476, 489 (2009) (quoting Blume v. State, 112 Nev. 472, 475, 915 P.2d 282, 284 (1996)).

Chavez's sentence is within the statutory range for his offenses. See NRS 193.165 (1-20 years for deadly weapon to run consecutive and not to exceed the underlying sentence); NRS 199.480 (1-6 years for conspiracy I to commit robbery); NRS 200.380 (2-15 years for robbery). Although Chavez suggests that the district court did not adequately take into account his youth, limited criminal history, employment history, substantial ties to the community, and family support, he has not provided this court with the sentencing transcript, so we...

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