Bolden v. State
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The Supreme Court affirmed the judgment of the district court granting the State's motion for leave to proceed by information and this case and the judgment of the conviction, holding that a preliminary hearing transcript can satisfy Nev. Rev. Stat. 173.035(2)'s affidavit requirement.
Section 173.035(2) allows the State to seek and obtain leave to proceed against an accused by information filed in district court upon a showing that the justice court committed egregious error in dismissing the charges. To obtain that leave, the district attorney must file a motion upon affidavit. The State in this case filed a criminal complaint against Defendant. The justice of the peace sua sponte dismissed all charges against him. Thereafter, the State sought leave to proceed against Defendant by information in district court and supported its motion by attaching a copy of the preliminary hearing transcript from justice court. The district court granted the motion unopposed. Defendant was subsequently convicted of several offenses. The Supreme Court affirmed, holding (1) the State's motion for leave to proceed by information in district court was substantially compliant with section 173.035(2) and demonstrated that the justice court committed egregious error in dismissing the charges against Defendant; and (2) substantial evidence supported the jury's verdict.
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