Opinion
No. 58769.
03-07-2012
Billy Max ACOX, Appellant, v. The STATE of Nevada, Respondent.
Christopher R. Arabia Arthur F. Wehrmeister Attorney General/Carson City Les W. Bradshaw
Christopher R. Arabia
Arthur F. Wehrmeister
Attorney General/Carson City
Les W. Bradshaw
ORDER OF REVERSAL AND REMAND
This is an appeal from a judgment of conviction, pursuant to a guilty plea, of felony DUI. Fifth Judicial District Court, Esmeralda County; Dan L. Papez, Judge.
Appellant Billy Max Acox contends that the district court erred by sentencing him to a prison term of 4–10 years for a violation of NRS 484C.410(l)(a) when, in fact, he pleaded guilty to third-offense felony DUI pursuant to NRS 484C.400(l)(c), which provides for a possible prison term of 1–6 years. According to the criminal information, Acox was charged with third-offense felony DUI. The State concedes the error. We agree and remand the matter to the district court for a new sentencing hearing. Accordingly, we
ORDER the judgment of conviction REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.