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Polson v. State12/11/1992
ment of such prosecutions cannot be ignored, and where the court records reflect that respect was accorded to ‘the spirit of constitutional principles,' those records ‘should be deemed constitutionally adequate.'” Jones v. State, 105 Nev. 124, 126, 771 P.2d 154, 155 (1989) (quoting Koenig v. State, 99 Nev. 780, 789, 672 P.2d 37, 43 (1983)).
Each document presented to the sentencing judge included the citation or complaint, plea, sentence, judgment, and docket sheet. We consider this sufficient evidence of conviction, when taken as a whole and in consideration of the realities of misdemeanor prosecutions. See Pettipas v. State, 106 Nev. 377, 794 P.2d 705 (1990) (formal, written judgment of conviction not required if other documents, such as docket sheets, evidence the conviction); Isom v. State, 105 Nev. 391, 776 P.2d 543 (1989) (citation and plea are sufficient evidence of conviction; complaint, plea, and sentence are sufficient evidence of conviction).
Appellant's final contention is that with respect to his second prior offense, he pleaded guilty to driving with a blood alcohol level of 0.10 or more, not to DUI. Appellant complains that, nevertheless, the municipal court adjudged appellant guilty of DUI. Further, appellant argues that plea agreements should be scrupulously honored. Appellant considers these two separate offenses, and concludes that he should have one prior conviction for DUI, and one prior conviction for driving with a blood alcohol level of 0.10 or more. We disagree.
NRS 484.3792(1) provides for an enhanced penalty for: “ ny person who violates the provisions of NRS 484.379 . . . or a third or subsequent offense within 7 years. . . .” Both DUI and driving with greater than a blood-alcohol level of 0.10 are violations of NRS 484.379. Thus, regardless of whether appellant's plea was improperly recorded, he is subject to being sentenced as a third offender.
Accordingly, we affirm the judgment of conviction and sentence in all respects.
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