NRS 176.015(5)(d) (defining "victim"). Therefore, we conclude that the district court plainly erred by awarding restitution to VOCP rather than to the actual victim. See Martinez v. State, 115 Nev. 9, 974 P.2d 133 (1999). Accordingly, we ORDER the judgment of conviction AFFIRMED IN PART AND REMANDED IN PART to the district court for the entry of an amended judgment of conviction awarding restitution to the victim and for proceedings consistent with this order.'

J. Douglas

J. Saitta

cc: Seventh Judicial District Court Dept. 2 State Public Defender/Ely State Public Defender/Carson City Attorney General/Carson City White Pine County District Attorney White Pine County Clerk

"After the entry of the amended judgment of conviction, VOCP maintains subrogation rights for payments made on behalf of the victim in this case pursuant to NRS 217.240.

SUPREME COURT OF NEVADA 2 (0) I947A

A "A AP •I.