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JENKINS v. DISTRICT COURT

No. 22973.

849 P.2d 1055 (1993)

Kevin Neil JENKINS, Petitioner, v. The FOURTH JUDICIAL DISTRICT COURT OF the STATE OF NEVADA, In and For the COUNTY OF ELKO, and the Honorable Thomas Love Stringfield, District Judge, Respondents.

Supreme Court of Nevada.

March 24, 1993.

Attorney(s) appearing for the Case

Gary D. Fairman, Ely, for petitioner.

Marshall Smith, Dist. Atty., Elko County, for respondents.

David B. Lockie, Elko, Danielle L. Jacoboni, Carson City, for amicus curiae.

OPINION

PER CURIAM:

This original petition for a writ of prohibition challenges an order of the district court refusing to dismiss two of three alternative charges in a criminal complaint after petitioner pleaded no contest to the third charge. Petitioner contends the district court's decision to proceed to trial on the remaining charges violates his Fifth Amendment right not to be prosecuted twice for the same offense. Petitioner contends further that the...

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