OLIVARRIA v. STATE (2020)

ORDER OF AFFIRMANCE

Carlos Olivarria appeals from a judgment of conviction, pursuant to a guilty plea, of robbery with the use of a deadly weapon. Second Judicial District Court, Washoe County; David A. Hardy, Judge.

Olivarria contends the district court abused its discretion when it followed a self-imposed “pattern” to run sentences consecutively where the crimes occurred at different times.¹ It is within the district court's discretion to impose consecutive sentences. See NRS 176.035(1); Pitmon v. State, 131 Nev. 123, 128-29, 352 P.3d 655, 659 (Ct. App. 2015); see also Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987) (“The sentencing judge has wide discretion in imposing a sentence ․”). This court will refrain from interfering with the sentence imposed “[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).

The record before this court clearly indicates the district court exercised its discretion. As Olivarria observed, the district court stated there could be exceptions to its pattern of running sentences consecutively where the crimes occurred at different times. And in imposing the sentence, the district court discussed factors specific to Olivarria. Moreover, the sentence imposed in this case is within the parameters provided by the relevant statute. See NRS 193.165(1); NRS 200.380(2). We therefore conclude the district court did not abuse its discretion in running Olivarria's sentence consecutive to that imposed in his burglary case. Accordingly, we

ORDER the judgment of conviction AFFIRMED.

FOOTNOTES

1.   In the same hearing in which it sentenced Olivarria in the instant case, the district court also sentenced Olivarria in district court case number CR19-0767 to a term of 12 to 30 months in prison for a burglary conviction. The district court ordered the sentences be served consecutive to one another.