 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Parsons v. State10/23/2000
this court to issue a writ directing the district court to void its order and vacate the rescheduled preliminary examination. This court denied Parsons' petition, concluding that the district court correctly determined that the justice's court exceeded its jurisdiction by amending the complaint and accepting the guilty plea. Parsons v. District Court, 110 Nev. 1239, 885 P.2d 1316 (1994) (Parsons I).
The justice's court conducted a preliminary examination on August 21, 1995. The State offered the testimony of the law enforcement officer who arrested Parsons. At the conclusion of the testimony, Parsons again challenged the constitutional validity of the Beatty conviction. This time Parsons argued that because the Beatty complaint did not allege that Parsons had been driving on a highway or premises to which the public has access--an element of a DUI offense, it was unclear whether he had had a sufficient understanding of the law and the elements of the offense to have entered a knowing and voluntary guilty plea. Parsons further argued that the documents offered by the State were ambiguous as to whether Parsons had waived his right to an attorney or had been represented by counsel. After hearing argument from the State, the justice's court concluded that the Beatty complaint was deficient as it did not include an element of the offense and that it was not clear whether Parsons had counsel in the Beatty proceedings. The justice's court therefore declined to bind Parsons over for trial in the district court.
The State subsequently filed a motion to file an information by affidavit in the district court pursuant to NRS 173.035(2). The State relied in large part on the evidence presented to the justice's court; however, the State also provided an affidavit from Teresa Stucker, the Beatty Justice Court Clerk. In her affidavit, Stucker explained that Parsons had waived counsel for the arraignment, but informed the Beatty Justice Court that he would be represented at further proceedings by retained counsel. The district court granted the State's motion and permitted the State to file the information by affidavit, concluding that the justice's court had committed egregious error in discharging the criminal complaint.
The district court arraigned Parsons on the information on November 28, 1995. After the district court denied various pretrial motions, a jury trial commenced on March 4, 1996. The jury found Parsons guilty of driving under the influence . At sentencing, the district court found the prior convictions to be sufficient and constitutionally valid for enhancement purposes. The court sentenced Parsons to one year in prison and a $2,000.00 fine.
DISCUSSION
In resolving this petition for en banc reconsideration, we address whether the justice's court properly considered the constitutional validity of the prior offenses in deciding whether there was probable cause to bind Parsons over for trial in district court. We take this opportunity to clarify the role of the justices' courts with respect to a felony charge of driving under the influence in violation of NRS 484.379 and NRS 484.3792(1)(c) and the related issue of what the State is required to present at a preliminary examination on such a charge.
The justices' courts are courts of limited jurisdiction and have only the authority granted by statute. See NRS 4.370. The criminal jurisdiction of the justices' courts is limited to misdemeanors unless otherwise provided by specific statute. NRS 4.370(3). Thus, the justices' courts do not have jurisdiction over gross misdemeanor or felony offenses. Because gross misdemeanor and felony offenses are not triable in justice's court, a person charged with s
Page 1 2 3 4 5 6 Nevada DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|