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MILLER v. STATE

Nos. 29807, 29827.

941 P.2d 456 (1997)

Timothy Joseph MILLER, Appellant, v. The STATE of Nevada, Respondent. Link KUTSCHEROUSKY, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

Rehearing Denied September 19, 1997.

Attorney(s) appearing for the Case

Michael R. Specchio, Public Defender, John Reese Petty, Chief Deputy Public Defender, and Mary Lou Wilson, Deputy Public Defender, Washoe County, for Appellant Miller.

Jeffrey D. Morrison, Reno, for Appellant Kutscherousky.

Frankie Sue Del Papa, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Gary H. Hatlestad, Chief Appellate Deputy District Attorney, Washoe County; Robert E. Estes, District Attorney and Eileen Barnett, Deputy District Attorney, Lyon County, for Respondents.

OPINION

PER CURIAM:

These appeals have been consolidated for the purpose of this opinion. See NRAP 3(b). We conclude that in each case the district court exceeded its statutory authority in imposing a jail term as a condition of mandatory probation. Each court also erred in sentencing each appellant to a range of prison terms that did not conform to the statutory requirement. We therefore vacate appellants' sentences and remand.

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