Vivar, Jr. (Ever) v. State

 district court should be required to articulate whether it has considered
that evidence in making its decision. Here, the district court did state that
"the record should reflect the Court has received and reviewed" the
mitigation evidence. Vivar has not demonstrated that the district court
based its sentencing decision solely on his gang affiliation and that it did
not sentence him as an individual by taking into consideration his
mitigation evidence. We discern no abuse of discretion and we
ORDER the judgment of conviction AFFIRMED.

J.
Pickerhi:

420lare J.
Parraguirre

Saitta

cc: Hon. Brent T. Adams, District Judge
David Kalo Neidert
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk

SUPREME COURT
OF
NEVADA
2
(0) 1947A (efga