State v. Sixth Judicial District Court of the State of Nevada Ex Rel. County of Humboldt

OPINION

On January 24, 1997, a complaint was filed against real party in interest, Mason Miller Warren, charging him with one count of trafficking in a controlled substance, and one count of possession of a controlled substance. On March 6, 1997, after a preliminary hearing, the magistrate dismissed the trafficking charge and bound Warren over to the district court on the possession charge.

On March 7, 1997, the state filed a motion for leave to file a felony information by affidavit. NRS 173.035(2) provides, in pertinent part, that if an accused has been discharged after the preliminary…