DEVON MICHAEL MOCK v. THE STATE OF NEVADA (2026)

ORDER OF AFFIRMANCE

Devon Michael Mock appeals from a judgment of conviction, entered pursuant to a guilty plea, of lewdness with a child under the age of 14 years, first offense. Second Judicial District Court, Washoe County; Connie J. Steinheimer, Judge.

Mock argues the mandatory prison sentence provided for in NRS 201.230(2) is unconstitutional and constitutes cruel and unusual punishment under the United States and Nevada Constitutions. See U.S. Const, amend. VIII; Nev. Const. art. 1, § 6. Specifically, he contends that the mandatory sentence exceeds what is necessary to achieve the legitimate goals of punishment.

Mock did not object to the sentencing statute on this ground below, and he does not argue plain error on appeal. See Martinorellan v. State, 131 Nev. 43, 48, 343 P.3d 590, 593 (2015) (stating “all unpreserved errors are to be reviewed for plain error without regard as to whether they are of constitutional dimension”). Specifically, Mock does not argue that any error is “clear under current law from a casual inspection of the record.” Jeremias v. State, 134 Nev. 46, 50, 412 P.3d 43, 48 (2018). We thus conclude he has forfeited this claim, and we decline to review it on appeal. See id. at 52, 412 P.3d at 49 (“[T]he decision whether to correct a forfeited error is discretionary.”); see also Miller v. State, 121 Nev. 92, 99, 110 P.3d 53, 58 (2005) (stating it is the appellant's burden to demonstrate plain error); State v. Eighth Jud. Dist. Ct. (Doane), 138 Nev. 896, 900, 521 P.3d 1215, 1221 (2022) (recognizing the Nevada appellate courts “follow the principle of party presentation” and thus “rely on the parties to frame the issues for decisions and assign to courts the role of neutral arbiter of matters the parties present” (quoting Greenlaw v. United States, 554 U.S. 237, 243 (2008))); Senjab v. Alhulaibi, 137 Nev. 632, 633-34, 497 P.3d 618, 619 (2021) (“We will not supply an argument on a party's behalf but review only the issues the parties present.”). Accordingly, we

ORDER the judgment of conviction AFFIRMED.

Bulla, C.J.

Gibbons, J.

Westbrook, J.