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PHIPPS v. STATE

No. 26038

903 P.2d 820 (1995)

David Elmo PHIPPS, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

October 4, 1995

Attorney(s) appearing for the Case

James J. Jackson, State Public Defender, Janet S. Bessemer, and Timothy P. O'Toole, Deputy Public Defenders, Carson City, for Appellant.

Frankie Sue Del Papa, Attorney General, Carson City; Belinda Quilici, District Attorney and David K. Neidert, Assistant District Attorney, Pershing County, for Respondent.

OPINION

PER CURIAM:

On January 10, 1994, the State filed a criminal complaint charging David Phipps with one count of driving under the influence of intoxicating liquor ("DUI"), third offense, a felony as defined by NRS 484.3792(1)(c).1 The complaint alleged that Phipps had two prior DUI convictions in the past seven years.2

At the preliminary hearing, the court, citing Pfohlman...

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