Chapman v. State
Chapman v. State
Opinion of the Court
OPINION
This case presents an issue of first impression for this court and requires that we determine the applicable statute of limitations for a third or subsequent driving under the influence (DUI) charge within seven years of two or more constitutionally valid prior convictions. Between 1993 and 1998, Chapman was convicted of
Chapman filed a motion to dismiss the charge, for a violation of the one-year misdemeanor statute of limitations, NRS 171.090(2), on a theory that all DUIs are misdemeanors until sentencing. The district court rejected this theory and denied Chapman’s motion to dismiss.
NRS 484.3792(l)(c) makes it a felony to commit a third or subsequent DUI offense within seven years of at least two constitutionally valid prior convictions.
June 9, 1993 — El Cajon Municipal Court, Riverside County, California; March 24, 1994 — Pahrump Township Justice Court, Nye County, Nevada; and October 1, 1998 — Fifth Judicial District Court, Nye County, Nevada.
Chapman entered a conditional guilty plea, reserving his right to appellate review of the district court’s denial of his motion to dismiss. The district court convicted Chapman, sentenced him to imprisonment in state prison, and stayed the sentence pending appeal to this court.
NRS 484.3792 provides, in pertinent part:
1. [A] person who violates the provisions of NRS 484.379:
(c) For a third or subsequent offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison ....
McKay v. Bd. of Supervisors, 102 Nev. 644, 648, 730 P.2d 438, 441 (1986).
Reference
- Full Case Name
- BRIAN CHAPMAN v. THE STATE OF NEVADA
- Status
- Published