Miller v. State

OPINION

These appeals have been consolidated for the purpose of this opinion. See NRAP 3(b). We conclude that in each case the district court exceeded its statutory authority in imposing a jail term as a condition of mandatory probation. Each court also erred in sentencing each appellant to a range of prison terms that did not conform to the statutory requirement. We therefore vacate appellants’ sentences and remand.

FACTS

Kutscherousky v. State, Docket No. 29827

In August 1996, police arrested appellant Link Kutscherousky at a house along with the couple to whom the house belonged. In the house,…