`
`KEVIN NICHOLAS CARLIN,
`Appellant,
`vs.
`THE STATE OF NEVADA,
`Respondent.
`
`No. 87754-COA
`
`FILED
`NOV 0 7 2024
`
`ORDER OF AFFIRMANCE
`
`Kevin Nicholas Carlin appeals from a judgment of conviction,
`entered pursuant to a guilty plea, of an offense involving a stolen vehicle.
`Third Judicial District Court, Lyon County; John Schlegelmilch, Judge.
`the Eighth
`that his sentence violates
`Carlin argues
`Amendment's prohibition against cruel and unusual punishment. He
`contends his sentence of 24-60 months in prison is unduly and unfairly
`excessive. Regardless of its severity, "[a] sentence within the statutory
`limits is not 'cruel and unusual punishment unless the statute fixing
`punishment is unconstitutional or the sentence is so unreasonably
`disproportionate to the offense as to shock the conscience." Blume v. State,
`112 Nev. 472, 475, 915 P.2d 282, 284 (1996) (quoting Culuerson v. State, 95
`Nev. 433, 435, 596 P.2d 220, 221-22 (1979)); see also Hamelin v. Michigan,
`501 U.S. 957, 1000-01 (1991) (plurality opinion) (explaining the Eighth
`Amendment does not require strict proportionality between crime and
`is grossly
`that
`forbids only an extrerne sentence
`
`sentence;
`
`it
`
`disproportionate to the crime).
`The sentence imposed is within the parameters provided by the
`relevant statutes, see NRS 193.130(2)(c); NRS 205.273(3), and Carlin does
`
`COURT OF APPEALS
`OF
`NEVADA
`
`
`
`not allege either that the statutes are unconstitutional or that the sentence
`is grossly disproportionate to the crime. Nonetheless, having considered
`the sentence and the crime, we conclude that the sentence imposed is not
`grossly disproportionate to the crime and does not constitute cruel and
`unusual punishment. Therefore, Carlin is not entitled to relief, and we
`ORDER the judgment of conviction AFFIRMED.
`
`_
`
`, C.J.
`
`ibbo s
`
`411"'"'gveatea,
`Bulla
`
`71)9404-'
`
`Westbrook
`
`J.
`
`J.
`
`cc: Hon. John Schlegelmilch, District Judge
`Ristenpart Law
`Attorney General/Carson City
`Lyon County District Attorney
`Third District Court Clerk
`
`COURT OF APPEALS
`
`OF
`
`NEVADA
`
`1( /I 147471i
`
`2
`
`
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