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Delis v. State

Supreme Court of Nevada.
Mar 7, 2012
381 P.3d 606 (Nev. 2012)

Opinion

No. 58665.

03-07-2012

Leonardo DELIS, Jr., Appellant, v. The STATE of Nevada, Respondent.

Law Office of Betsy Allen Attorney General/Carson City Clark County District Attorney


Law Office of Betsy Allen

Attorney General/Carson City

Clark County District Attorney

ORDER OF AFFIRMANCE

This is an appeal from a judgment of conviction, pursuant to a guilty plea, of burglary. Eighth Judicial District Court, Clark County; Jackie Glass, Judge.

Appellant Leonardo Delis, Jr., contends that the district court erred by denying him an additional 464 days of credit for time served in the Clark County Detention Center before his sentencing in this matter. Delis argues that NRS 176.055(2)(b) does not apply to him because, even though he was serving a term of probation for another offense, he was incarcerated pursuant to the instant offense and did not receive credit for time served. We disagree. Delis' confinement for the instant offense overlapped with the probationary term for his prior offense and NRS 176.055(2)(b) prohibited the district court from crediting Delis for any time served before he was dishonorably discharged from probation, see Gaines v. State, 116 Nev. 359, 364, 998 P.2d 166, 169 (2000) (“The plain and unequivocal language of NRS 176.055(2)(b) prohibits a district court from crediting a ... probationer for time served on a subsequent offense if such offense was committed while on probation.”). Therefore, the district court did not abuse its discretion, and we

ORDER the judgment of conviction AFFIRMED.


Summaries of

Delis v. State

Supreme Court of Nevada.
Mar 7, 2012
381 P.3d 606 (Nev. 2012)
Case details for

Delis v. State

Case Details

Full title:Leonardo DELIS, Jr., Appellant, v. The STATE of Nevada, Respondent.

Court:Supreme Court of Nevada.

Date published: Mar 7, 2012

Citations

381 P.3d 606 (Nev. 2012)