State v. Second Judicial Dist. Court of Nev.

By the Court, STIGLICH, J.:

NRS 176A.290 (2014) authorizes district courts to assign certain eligible defendants to a veterans court program.1 However, if the offense charged or the defendant's prior convictions involved the use or threatened use of force or violence, the district court is not allowed to assign the defendant to the veterans court program, "unless the prosecuting attorney stipulates to the assignment." NRS 176A.290(2).

The district court found that NRS 176A.290(2) was in effect a prosecutorial veto over a judge's sentencing decision, in violation of the Nevada Constitution's…