The Nevada Supreme Court on Tuesday rejected the appeal by a Carson City teen serving up to three years in prison for beating another man at a party in June 2012.
Tevin Ahdunko, 18, was sentenced in January on a single count of battery with substantial bodily harm to 14-35 months in prison and $25,572 in restitution.
Moises Alvarez, 19, was found last June lying in the driveway of the home on Hillview Drive, bleeding and unresponsive. He suffered injuries to his face and blood in his lungs. Ahdunko was convicted of punching Alvarez repeatedly, then stomping on his head and face after an intoxicated Alvarez allegedly vomited on Ahdunko’s girlfriend.
He appealed the conviction arguing that Judge Todd Russell abused his discretion by sending Ahduko to prison instead of imposing a suspended sentence with probation.
The high court disagreed pointing out that a Category C felony is punishable by 1-5 years in prison and that the sentence was within that range.
The court also pointed out that probation and a suspended sentence is discretionary.