Legal Opinion

Hodges (Steven) v. State

Nevada Supreme Court

Decided September 18, 2013No. 62074Unpublished

1Opinion of the Court

Second, Hodges contends that the district court abused its discretion by adjudicating him as a habitual criminal and imposing a disproportionate sentence which shocks the conscience. We disagree. The district court has broad discretion to dismiss a count of habitual criminality. See NRS 207.010(2); O'Neill v. State, 123 Nev. 9, 12,

153 P.3d 38, 40

(2007). Our review of the record reveals that the district court understood its sentencing authority and considered the appropriate factors prior to making its determination to adjudicate Hodges as a habitual criminal. See Hughes v. State, 116 Nev.…

2Cases cited7 opinions

  1. Harmelin v. MichiganSupreme Court of the United States · 1991
  2. Ewing v. CaliforniaSupreme Court of the United States · 2003
  3. Chavez v. StateNevada Supreme Court · 2009
  4. Culverson v. StateNevada Supreme Court · 1979
  5. O'NEILL v. StateNevada Supreme Court · 2007

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