French v. State

OPINION

The issue presented in these consolidated appeals is whether a district judge has discretion to dismiss a habitual criminal count in an information at any time prior to sentencing. NRS 207.010. We hold that the court has such discretion.

Appellants were each convicted in the district court of a felony. Each had been convicted of two prior felonies. Each was adjudged a habitual criminal under NRS 207.010, and sentenced to ten years imprisonment. At the time of sentencing in each case, the district judge stated that he did not have discretion to dismiss the count of the information…