Daniels v. State

OPINION

SUMMARY

The issue of whether or not this court’s decision in Miller v. State, 113 Nev. 722, 941 P.2d 456 (1997), applies to subsequent probation revocation hearings is one of first impression. Our decision in Miller held that incarceration cannot be a condition of probation for a category E felon. This issue arose after the district court revoked Alan Dean Daniels’ (“Daniels”) probation and reinstated his original sentence at his probation revocation hearing. The district court, however, intimated that it was desirable to condition Daniels’ probation on his participation in an intensive…