AUSTIN COY BREWER v. THE STATE OF NEVADA (2025)

ORDER OF AFFIRMANCE

Austin Coy Brewer appeals from a judgment of conviction, entered pursuant to a guilty plea, of two counts of attempt to use or permit a minor, under the age of 14, to be the subject of a sexual portrayal in a performance. Second Judicial District Court, Washoe County; Egan K. Walker, Judge.

Brewer claims the district court abused its discretion by sentencing him to an aggregate term of 8 to 20 years in prison. Specifically, Brewer asserts the district court failed to give due consideration to his mitigating arguments and evidence.

The district court has wide discretion in its sentencing decision. See Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987). Generally, this court will not interfere with a sentence imposed by the district court that falls within the parameters of relevant sentencing statutes “[s]o long as the record does not demonstrate prejudice resulting from consideration of information or accusations founded on facts supported only by impalpable or highly suspect evidence.” Silks v. State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976); see Cameron v. State, 114 Nev. 1281, 1283, 968 P.2d 1169, 1171 (1998).

Brewer was sentenced to consecutive terms of 4 to 10 years in prison. Brewer's sentence is within the parameters provided by the relevant statutes, see NRS 193.153(1)(a)(1); NRS 200.710(2), and Brewer does not allege the district court relied on impalpable or highly suspect evidence. Moreover, the record reflects the district court heard argument from Brewer's counsel, Brewer spoke on his own behalf in mitigation, and the court read Brewer's psychosexual evaluation and letters of support before imposing his sentence. Having considered the sentence and the crime, we conclude the district court did not abuse its discretion in sentencing Brewer, Accordingly, we

ORDER the judgment of conviction AFFIRMED.

Bulla, C.J.

Gibbons, J.

Westbrook, J.