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Parsons v. State10/23/2000
ry examination. Additionally, considering this court's statements in Parsons I, which essentially instructed the justice's court that if it believed the prior offenses were not constitutionally valid it could discharge Parsons, it cannot be said that the justice's court committed egregious error. Accordingly, we conclude that the district court erred in permitting the State to file an information by affidavit pursuant to NRS 173.035(2). We therefore reverse Parsons' conviction.
CONCLUSION
We conclude that the State is not required to establish the constitutional validity of a prior DUI conviction for enhancement purposes at the preliminary examination stage of proceedings on a felony DUI charge. Nonetheless, we conclude that Parsons' conviction must be reversed because, in discharging Parsons on the felony DUI charge, the justice's court was following language in a prior decision of this court in this case and, therefore, the district court erred in concluding that the justice's court had committed egregious error and in permitting the State to file an information by affidavit.
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