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Parsons v. District Court11/30/1994
nary examination.
3 Parsons' assertion that his motion was made in accordance with NRS 174.125 is incorrect, as the motion was not made in writing or with the requisite notice to the State. Thus, the State was in a position where it was unprepared to rebut the allegation of the constitutional infirmity of the second-offense DUI conviction.
4 In the instant case, however, the justice court improperly relied on its own knowledge in evaluating the constitutional sufficiency of the second conviction. The justice court's personal knowledge of the circumstances regarding Parsons' conviction for the second-offense misdemeanor DUI charge was not part of the record, and the use of this personal knowledge prejudiced the State. Accordingly, in the interests of justice, we recommend that the rescheduled preliminary hearing occur in a different justice court.
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