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FRENCH v. STATE

Nos. 12820, 13039.

645 P.2d 440 (1982)

Anthony Ray FRENCH, Appellant, v. The STATE of Nevada, Respondent. Daniel Roy REZIN, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

May 27, 1982.

Attorney(s) appearing for the Case

J. Gregory Damm, State Public Defender, Carson City, for appellant Anthony Ray French.

Stephen R. Wassner, South Lake Tahoe, Cal., for appellant Daniel Roy Rezin.

Richard H. Bryan, Atty. Gen., Richard E. Thornley and Brooke A. Nielsen, Deputy Attys. Gen., Carson City, for respondent.

OPINION

PER CURIAM:

The issue presented in these consolidated appeals is whether a district judge has discretion to dismiss a habitual criminal count in an information at any time prior to sentencing. NRS 207.010. We hold that the court has such discretion.

Appellants were each convicted in the district court of a felony. Each had been convicted of two prior felonies. Each was adjudged a habitual criminal under NRS 207.010, and sentenced to ten years...

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