Young (Roland) v. State

withdraw his guilty plea. See Molina v. State, 120 Nev. 185, 191, 87 P.3d 533, 537-38 (2004) ("A thorough plea canvass coupled with a detailed, consistent, written plea agreement supports a finding that the defendant entered the plea voluntarily, knowingly, and intelligently." (internal quotation marks omitted)).' Young also asserts that the sentence imposed constitutes cruel and unusual punishment. 2 Young's sentence of 48 to 120 months in prison is within the parameters of NRS 205.067(2), he does not allege that the statute is unconstitutional, and we are not convinced that the sentence imposed is so disproportionate to the gravity of the offense as to shock the conscience. See Harmelin v. Michigan, 501 U.S. 957, 1000-01 (1991) (plurality opinion); Blume v. State, 112 Nev. 472, 475, 915 P.2d 282, 284 (1996). Therefore, we conclude that the sentence does not constitute cruel and unusual punishment, and we ORDER the judgment of conviction AFFIRMED.

Hardesty

pc Parraguirre

cc: Hon. Michael Villani, District Judge Hon. Linda Marie Bell, District Judge Law Offices of Martin Hart, LLC Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

Footnotes

[1] To the extent Young asserts that his plea was not knowingly entered because he was not aware of the consequences of habitual criminal treatment, he did not raise this claim in the district court and we decline to address it on appeal in the first instance. O'Guinn v. State, 118 Nev. 849, 851, 59 P.3d 488, 489-90 (2002). Further, we note that the district court declined to adjudicate Young as a habitual criminal.

[2] District Judge Linda Marie Bell imposed Young's sentence. SUPREME COURT OF NEVADA (0) 1947A 67AE> 4, laDmamentams SUPREME COURT OF NEVADA 3 (0) 1947A