Mendoza-Lobos v. State

Douglas, J.,

with whom Parraguirre and Pickering, JJ., agree, concurring in part and dissenting in part:

I agree with the majority that the portion of NRS 193.165(1) requiring the district courts to consider certain enumerated factors when imposing a sentence for a deadly weapon enhancement does not run afoul of the separation-of-powers doctrine. I also agree with the result reached. However, I disagree with my colleagues’ conclusion that NRS 193.165(1) is ambiguous.

The majority concludes that the language of NRS 193.165(1) is ambiguous and thus looks to its legislative history to determine its…