Attaguile v. State

OPINION

By the Court,

Gibbons, J.:

Pursuant to plea negotiations with the State, appellant Gina Marie Attaguile entered a plea of guilty to one count of possession of a controlled substance with intent to sell, second offense. Thereafter, Attaguile filed a notice of election for rehabilitative treatment pursuant to NRS 458.300. Prior to sentencing, the district court found that Attaguile’s guilty plea counted as her third felony conviction and ruled that she was therefore ineligible to elect treatment under NRS 458.300(4). We conclude that the district court erred. In determining eligibility for…