Adams v. Warden, Nevada State Prison

OPINION

While on probation from a conviction for attempted grand larceny, appellant committed a burglary. After plea negotiations appellant pled guilty to attempted burglary, his probation was revoked, and the prior sentence was executed. Appellant was subsequently sentenced to serve five years for the latter crime. At the sentencing on the latter charge the district court failed explicitly to state whether appellant’s second sentence was to run concurrently with or consecutively to the first sentence.

In his petition for a post-conviction writ of habeas corpus, appellant contends, inter alia,…