High Desert State Prison v. Sanchez
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The Supreme Court affirmed the district court's decision applying the pre-2007 version of Nev. Rev. Stat. 209.4465 to Defendant's criminal conduct in this case, holding that the 2007 amendment to Nev. Rev. Stat. 209.4465 applies when the charged offense is continuous in nature but that attempted lewdness with a child under fourteen is not a continuing offense.
Defendant was convicted of two counts of attempted lewdness with a child under fourteen and was alleged to have committed the offenses between 2006 and 2013. The district court applied the 2003 version of section 209.4465. On appeal, the State argued that section 209.4465(8)(2007) applied to Defendant's offenses because the attempted lewdness counts were charged as continuing offenses through 2013. The Supreme Court affirmed, holding (1) attempted lewdness with a child under the age of fourteen is not a continuing offense; and (2) the district court properly relied on the 2003 version of section 209.4465 and applied Defendant's earned credits to his parole eligibility.
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