RYAN LOPAKA DELAPINIA, 

Appellant, 

vs. 

THE STATE OF NEVADA, 

Respondent. 

No. 68339 

FILED 

JUN 1 7 2016 

IN THE SUPREME COURT OF THE STATE OF NEVADA 

ORDER AFFIRMING IN PART, 

REVERSING IN PART AND REMANDING 

This is an appeal from a judgment of conviction, pursuant to a 

guilty plea, of one count each of sexual assault with the use of a deadly 

weapon, first-degree kidnapping with the use of a deadly weapon, 

burglary, and robbery with the use of a deadly weapon. Eighth Judicial 

District Court, Clark County; Eric Johnson, Judge. The district court 

sentenced appellant Ryan Lopaka Delapinia to a total aggregate sentence 

of life in prison with the possibility of parole after 43 years. Delapinia 

challenges the sentence imposed by the district court on two grounds.' 

"Delapinia asserts that cumulative errors "in this trial violated [his] 

right to a fair trial." There was no trial in this case; Delapinia pleaded 

guilty. So there are no trial errors to cumulate for purposes of reversing 

the judgment of conviction. And, there are not multiple sentencing errors 

to cumulate. We therefore reject Delapinia's cumulative-error claim. 

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First, Delapinia argues that he is entitled to a new sentencing 

hearing on the weapon enhancements because the district court failed to 

articulate separate and specific findings to support the sentences imposed 

for those enhancements, as required by NRS 193.165(1) and MendozaLobos v. State, 125 Nev. 634, 218 P.3d 501 (2009). Because Delapinia 

failed to object below, we review for plain error, meaning that Delapinia 

must show that the error is plain from the record and affected his 

"substantial rights, by causing 'actual prejudice or a miscarriage of 

justice." Mendoza-Lobos, 125 Nev. at 644, 218 P.3d at 507 (quoting 

Valdez v. State, 124 Nev. 1172, 1190, 196 P.3d 465, 477 (2008) (quoting 

Green v. State, 119 Nev. 542, 545, 80 P.3d 93, 95 (2003))). Although the 

record shows that the district court heard argument, testimony, and 

evidence relevant to the factors set forth in• NRS 193.165(1)(a)-(e), the 

record clearly shows that the district court did not comply with this court's 

directive in Mendoza-Lobos to "articulate findings on the record, for each 

enumerated factor. .. [and] for each enhancement," 125 Nev. at 644-45, 

218 P.3d at 508. Having reviewed the record and the parties' arguments, 

we cannot say that the district court's failure to make the required 

findings on the record had no bearing on its sentencing decision as to the 

weapon enhancements. Cf id. at 644, 218 P.3d at 508. We therefore 

conclude that the district court's omission prejudiced Delapinia with 

respect to the sentences on the weapon enhancements. 

Second, Delapinia argues that the sentences constitute cruel 

and unusual punishment in violation of the Nevada Constitution and the 

United States Constitution. Because we reverse and remand as to the 

sentences for the weapon enhancements, we consider this argument only 

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in relation to the other sentences. Regardless of its severity, a sentence 

that is 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 Culverson v. State, 95 Nev. 433, 435, 596 P.2d 220, 221-22 

(1979)); see also Harmelin Ti. Michigan, 501 U.S. 957, 1000-01 (1991) 

(plurality opinion) (explaining that Eighth Amendment does not require 

strict proportionality between crime and sentence; it forbids only an 

extreme sentence that is grossly disproportionate to the crime). Delapinia 

does not allege that the sentencing statutes are unconstitutional, and the 

sentences imposed in this case are within the parameters provided by the 

relevant statutes, NRS 200.320(2) (providing for sentence of life with the 

possibility of parole after 5 years or definite term of 5-15 years for firstdegree kidnapping with no substantial bodily harm to the victim); NRS 

200.366(2)(b) (providing for sentence of life with the possibility of parole 

after 10 years for sexual assault with no substantial bodily harm to the 

victim); NRS 200.380(2) (providing for sentence of 2 to 15 years for 

robbery); NRS 205.060(2) (providing for sentence of 1 to 10 years for 

burglary). Considering the circumstances of the crimes, particularly that 

Delapinia kidnapped a 22-year-old woman who was out for a run, robbed 

her, forced her to commit fellatio on him, and threatened her while 

brandishing a weapon, we are not convinced that the sentences imposed 

are so grossly disproportionate to those crimes as to constitute cruel and 

unusual punishment. 

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Having considered Delapinia's claims and concluded that he is 

entitled to relief on the sentences for the weapon enhancements, we 

ORDER the judgment of conviction AFFIRMED IN PART 

AND REVERSED IN PART AND REMAND this matter to the district 

court for proceedings consistent with this order. 2 

J. 

Douglas 

akilarzetv j. 

Cherry 

GIBBONS, J., concurring and dissenting: 

I agree that the cruel-and-unusual-punishment challenge 

lacks merit. I disagree, however, that the district court's failure to 

articulate findings for the factors relevant to the weapon enhancement 

sentences warrants reversal. In my opinion the omission did not cause 

any prejudice or a miscarriage of justice. I therefore would affirm the 

judgment of conviction. 

Gibbons 

2We further direct that this matter be assigned to a different district 

court judge for resentencing on the weapon enhancements. 

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cc: Chief Judge, Eighth Judicial District Court 

Hon. Eric Johnson, District Judge 

Eric G. Jorgenson 

Attorney General/Carson City 

Clark County District Attorney 

Eighth District Court Clerk 

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