Stromberg v. Second Judicial District Court

200 P.3d 509, 125 Nev. 1, 125 Nev. Adv. Rep. 1, 2009 Nev. LEXIS 1
CourtNevada Supreme Court
DecidedJanuary 29, 2009
DocketNo. 50079
StatusPublished
Cited by21 cases

This text of 200 P.3d 509 (Stromberg v. Second Judicial District Court) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stromberg v. Second Judicial District Court, 200 P.3d 509, 125 Nev. 1, 125 Nev. Adv. Rep. 1, 2009 Nev. LEXIS 1 (Neb. 2009).

Opinion

OPINION

By the Court,

Cherry, J.:

In this original petition for a writ of mandamus, we address two issues related to NRS 484.37941, which allows a district court to [3]*3accept a plea of guilty to a third-offense DUI and subsequently enter a judgment for a second-offense DUI if the offender successfully completes a treatment program.2 First, we consider whether the plain language of NRS 484.37941 allows an offender entering a plea of guilty on or after that statute’s effective date to apply for treatment. We conclude that it does, reaffirming our recent decision in Picetti v. State, 124 Nev. 782, 192 P.3d 704 (2008). Second, we reject the State’s contention that NRS 484.37941 is unconstitutional because it violates the separation-of-powers doctrine by giving the district court powers that are reserved to the prosecutor. Because we conclude that the district court manifestly abused its discretion when it refused to consider petitioner Michael Lynn Stromberg’s request to plead guilty and apply for treatment, we grant Stromberg’s petition and direct the district court to consider Stromberg’s request to plead guilty and apply for treatment pursuant to NRS 484.37941.3

FACTS AND PROCEDURAL HISTORY

On May 29, 2007, Stromberg was charged with one count of driving under the influence (DUI), third offense within seven years, a class B felony. On June 1, 2007, Stromberg made his first appearance in the district court and requested that his arraignment be continued to June 8, 2007, so that he and the State could resolve an issue regarding his blood alcohol test. On June 8, 2007, Stromberg made an appearance in district court and entered a plea of not guilty and stated that it was his intention to plead guilty after July 1, 2007, so that he would be eligible to participate in a three-year treatment program pursuant to NRS 484.37941, which be[4]*4came effective on July 1, 2007. 2007 Nev. Stat., ch. 288, § 6, at 1064.

On July 20, 2007, Stromberg returned to the district court, moved to change his plea to guilty, and applied for treatment. The State opposed Stromberg’s application, arguing that NRS 484.37941 does not apply retroactively to offenses that occurred prior to July 1, 2007. Stromberg argued that the plain language of the statute allows defendants who enter a plea after July 1, 2007, the opportunity to apply for the treatment program. The district court ordered briefing on Stromberg’s request and on the applicability of NRS 484.37941 and set the matter for hearing.

On August 15, 2007, the district court held a hearing regarding Stromberg’s application for treatment. The district court determined that the statute’s language did not clearly indicate legislative intent to apply the statute retroactively and therefore denied Stromberg’s request. Stromberg’s counsel indicated that his client had not yet entered a plea and requested the district court to stay the matter pending this court’s review of the issue.4 The district court granted a stay, and this original petition for a writ of mandamus followed.

DISCUSSION

“This court may issue a writ of mandamus to compel the performance of an act which the law requires as a duty resulting from an office or where discretion has been manifestly abused or exercised arbitrarily or capriciously.” Redeker v. Dist. Ct., 122 Nev. 164, 167, 127 P.3d 520, 522 (2006); see also NRS 34.160. The writ will issue where the petitioner has no “plain, speedy and adequate remedy in the ordinary course of law.” NRS 34.170; Redeker, 122 Nev. at 167, 127 P.3d at 522. The decision to entertain a mandamus petition lies within the discretion of this court, and “[t]his court considers whether judicial economy and sound judicial administration militate for or against issuing the writ.” Redeker, 122 Nev. at 167, 127 P3d at 522. “Additionally, this court may exercise its discretion to grant mandamus relief where an important issue of law requires clarification.” Id. While we acknowledge that writ review is rarely appropriate when a petitioner has an adequate remedy at law through a direct appeal, we conclude that writ review is appropriate here because this case involves important questions of law which require clarification and [5]*5because public policy interests militate in favor of resolving these questions. Cf. State of Nevada v. Justice Court, 112 Nev. 803, 805 n.3, 919 P.2d 401, 402 n.3 (1996) (electing to entertain petition for writ of prohibition even though relief should have been sought first in district court “due to the exigent circumstances presented and because this case presented an unsettled issue of statewide importance”). Therefore, we exercise our discretion to consider the merits of the petition.

Retroactivity and NRS 484.37941

Stromberg argues persuasively that the plain language of NRS 484.37941 applies to offenders who enter guilty pleas on or after July 1, 2007, the statute’s effective date. The State contends that Stromberg is not entitled to apply for treatment pursuant to NRS 484.37941 because his DUI occurred prior to the statute’s effective date. At oral argument, the State contended that in order for an offender to apply for treatment pursuant to NRS 484.37941 he or she must have committed the crime after the statute’s effective date and pleaded guilty after the statute’s effective date. The State further asserted that this court’s recent decision in State v. District Court (Pullin), 124 Nev. 564, 188 P.3d 1079 (2008), mandates such a result. We disagree.

In Pullin, this court determined that ameliorative amendments to criminal statutes would not apply retroactively unless the Legislature indicated its intent otherwise. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Anderson v. Royal
D. Nevada, 2025
State v. Gnewuch
316 Neb. 47 (Nebraska Supreme Court, 2024)
STATE VS. DIST. CT. (HEARN (MATTHEW))
2018 NV 96 (Nevada Supreme Court, 2018)
State v. Second Judicial Dist. Court of Nev.
432 P.3d 154 (Nevada Supreme Court, 2018)
MacIas (Lucio) v. State C/W 60163/60164
Nevada Supreme Court, 2014
Zaragoza v. Bennett-Haron
828 F. Supp. 2d 1195 (D. Nevada, 2011)
GMAC v. Pittella
17 A.3d 177 (Supreme Court of New Jersey, 2011)
Cuneyt Duru v. HSBC Card Services, Inc.
411 F. App'x 240 (Eleventh Circuit, 2011)
In re Las Vegas Monorail Co.
429 B.R. 317 (D. Nevada, 2010)
Sawyers v. Herrin-Gear Chevrolet Co., Inc.
26 So. 3d 1026 (Mississippi Supreme Court, 2010)
McGraw v. American Tobacco Co.
681 S.E.2d 96 (West Virginia Supreme Court, 2009)
Savage v. Third Judicial District Court
200 P.3d 77 (Nevada Supreme Court, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
200 P.3d 509, 125 Nev. 1, 125 Nev. Adv. Rep. 1, 2009 Nev. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stromberg-v-second-judicial-district-court-nev-2009.