Rodriguez v. State
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The Supreme Court affirmed Defendant’s judgment of conviction, pursuant to a guilty plea, of battery resulting in substantial bodily harm committed against an older person, holding that the district court did not impermissibly impose double sentencing enhancements for the same primary offense.
The district court sentenced Defendant to a maximum of sixty months’ imprisonment for the crime of battery resulting in substantial bodily harm under Nev. Rev. Stat. 200.481(2)(b) and an additional 120 months’ maximum imprisonment for committing that crime against an older person under Nev. Rev. Stat. 193.167. On appeal, the Supreme Court held that the addition of an older person enhancement to Defendant’s sentence under section 200.481(2)(b) did not violate Nevada law prohibiting multiple sentencing enhancements for the same primary offense because the statute is not an enhancement statute.
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