English v. State

9 P.3d 60, 1 Nev. 828, 116 Nev. Adv. Rep. 89, 2000 Nev. LEXIS 97
Nevada Supreme Court·Decided August 24, 2000·No. 33055·Published·Cited by 12 cases

Opinions

OPINION

By the Court,

Agosti, J.:

The issues raised in this appeal are: (1) whether convictions for battery constituting domestic violence occurring prior to January 1, 1998, may be used to enhance the penalty of a subsequent conviction for battery constituting domestic violence under NRS 200.485; and (2) whether the evidence of a prior misdemeanor conviction demonstrated its constitutional validity for enhancement purposes. We conclude that convictions occurring prior to January 1, 1998, may be used to enhance the penalty of the appellant’s present conviction. We also conclude that the district court [830] properly determined that the evidence presented relating to appellant’s prior conviction demonstrated the constitutional validity of that conviction for enhancement purposes. We therefore affirm appellant’s conviction.

FACTS

On May 13, 1998, appellant Robert Barnes English, Jr., battered his live-in girlfriend. He was charged by criminal information with a felony crime that was denominated as “domestic battery, a violation of NRS 33.018, NRS 200.481 and NRS 200.485.” To enhance English’s crime to a felony under NRS 200.485, the information alleged that English was previously convicted of battery constituting domestic violence on September 28, 1995 and February 11, 1998.

After English pleaded guilty, the prosecutor provided the district court with copies of records concerning English’s prior domestic battery convictions.1 English conceded that the documents evidencing his February 1998 conviction were valid proof of a prior conviction for enhancement purposes. However, he challenged the use of the documents relating to his September 1995 conviction. English argued that this conviction could not be used to enhance the penalty of his present offense because NRS 200.485 does not permit convictions that occurred prior to January 1, 1998, to be used for enhancement purposes. He further argued that this conviction could not be used for enhancement purposes because the documents provided to the district court do not show that constitutional principles were respected in the prior misdemeanor proceedings.

[831] The district court disagreed and used English’s September 1995 and February 1998 convictions to enhance to a felony the conviction from which he now appeals. The district court entered judgment against English and sentenced him to imprisonment for a minimum term of twelve months to a maximum term of thirty-six months, to run concurrently with any sentence English was currently serving. English then filed this appeal.

DISCUSSION

Whether a conviction for battery constituting domestic violence occurring prior to January 1, 1998, may be used to enhance the penalty of the present conviction under NRS 200.485

In July 1997, the Nevada Legislature passed Assembly Bill 170 (“the domestic violence enhancement law”), which sought to ensure the effective prosecution of crimes involving domestic violence. 1997 Nev. Stat., ch. 476, § 1, at 1799. Section 18 of that bill increases the severity of the offense and consequent penalty for battery constituting domestic violence from a misdemeanor to a felony when the defendant has two prior convictions for the same offense within the immediately preceding seven years. Id., § 18, at 1811-12. Section 18 is codified at NRS 200.485, which provides, in part:

1. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery that constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor ....
(b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor ....
(c) For the third and any subsequent offense within the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

This provision of the domestic violence enhancement law took effect on January 1, 1998. 1997 Nev. Stat., ch. 476, § 34(4), at 1821. Section 32 of the domestic violence enhancement law provides that “[sjections 18 and 19 of this act do not apply to offenses that are committed before January 1, 1998.” 1997 Nev. Stat., ch. 476, § 32, at 1821 (emphasis added).

English contends that this latter provision is ambiguous because it could be interpreted to have two different meanings. One interpretation is that “offenses” committed before January 1, 1998, cannot be enhanced using prior convictions. The other interpretation is that convictions which occurred before January 1, 1998, cannot be used to enhance the penalty of a present conviction. [832] English asks this court to conclude that the legislature intended the latter meaning. We must decline English’s request.

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English v. State, 9 P.3d 60, 1 Nev. 828, 116 Nev. Adv. Rep. 89, 2000 Nev. LEXIS 97 (Neb. 2000).

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