Opinion
Nos. 58177 58178.
09-14-2011
James LEWIS, Appellant, v. The STATE of Nevada, Respondent. James Lewis, Appellant, v. The State of Nevada, Respondent.
State Public Defender/Ely State Public Defender/Carson City Attorney General/Carson City Lincoln County District Attorney
State Public Defender/Ely
State Public Defender/Carson City
Attorney General/Carson City
Lincoln County District Attorney
ORDER OF AFFIRMANCE
These are appeals from two separate district court orders revoking probation. Seventh Judicial District Court, Lincoln County; Steve L. Dobrescu, Judge. We elect to consolidate these appeals for disposition purposes only. See NRAP 3(b).
Following a probation revocation hearing, the district court revoked appellant James Lewis's probation in two separate cases. Lewis contends that the district court committed plain error by allowing two witnesses to remain in the courtroom during the revocation proceedings after defense counsel invoked the rule of exclusion. However, the rule of exclusion is a creature of statute which falls within Title 4 of the Nevada Revised Statutes and does not apply to probation revocation hearings. See NRS 47.020(3)(c) ; NRS 50.155(1) ; see generally Witter v. State, 112 Nev. 908, 916–17, 921 P.2d 886, 892–93 (1996), receded from on other grounds by Byford v. State, 116 Nev. 215, 994 P.2d 700 (2000). Accordingly, Lewis has failed to demonstrate the existence of plain error, see Green v. State, 119 Nev. 542, 545, 80 P.3d 93, 95 (2003), and we
ORDER the judgments of the district court AFFIRMED.