Opinion
No. 60227.
10-08-2012
Dale Lawrence VOGELAAR, Appellant, v. The STATE of Nevada, Respondent.
Washoe County Public Defender Attorney General/Carson City Washoe County District Attorney
Washoe County Public Defender
Attorney General/Carson City
Washoe County District Attorney
ORDER OF AFFIRMANCE
This is an appeal from a judgment of conviction, pursuant to a guilty plea, of eluding a police officer. Second Judicial District Court, Washoe County; Steven P. Elliott, Judge.
Appellant Dale Lawrence Vogelaar contends that this court should overrule O'Neill v. State, 123 Nev. 9, 16, 153 P.3d 38, 43 (2007), and require that the facts relied upon by the district court when considering whether to dismiss a count of habitual criminality be determined by a jury. See Apprendi v. New Jersey, 530 U.S. 466 (2000). We decline to do so. O'Neill considered each of the authorities Vogelaar relies upon and concluded they did not apply to NRS 207.010. See O'Neill, 123 Nev. at 11–15, 17 n. 28, 153 P.3d at 40–42, 43 n. 28. Accordingly, we
ORDER the judgment of conviction AFFIRMED.