O'NEILL v. State

OPINION

By the Court, Maupin, C. J:

This appeal presents the issue of whether the Nevada habitual offender statute, NRS 207.010, as interpreted by this court, violates the United States Supreme Court’s decision in Apprendi v. New Jersey 1 by requiring “judicial fact-finding” beyond the mere fact of prior convictions. We conclude that the habitual offender statute does not violate Apprendi and therefore affirm the district court’s adjudication of habitual criminality. For the reasons stated below, we also affirm the judgment of conviction pursuant to a jury verdict of three counts of possession…