Phipps v. State

OPINION

On January 10, 1994, the State filed a criminal complaint charging David Phipps with one count of driving under the influence of intoxicating liquor (“DUI”), third offense, a felony as defined by NRS 484.3792(l)(c). The complaint alleged that Phipps had two prior DUI convictions in the past seven years.

At the preliminary hearing, the court, citing Pfohlman v. State, 107 Nev. 552, 554, 816 P.2d 450-51 (1991), determined that one of the prior convictions could not be considered for enhancement purposes because the offense on which the conviction was based took place over seven years ago.…