WILSON v. STATE

No. 46942.

170 P.3d 975 (2007)

Wiley Gene WILSON, a/k/a John Raymond Kruidenier, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

November 21, 2007.


Attorney(s) appearing for the Case

Joel Martin Mann, Las Vegas, for Appellant.

Catherine Cortez Masto, Attorney General, Carson City; David J. Roger, District Attorney, James Tufteland, Chief Deputy District Attorney, and Thomas M. Carroll, Deputy District Attorney, Clark County, for Respondent.

Before the Court En Banc.


OPINION

By the court, PARRAGUIRRE, J.:

In this appeal, we consider whether Nevada's double jeopardy protections prohibit increasing a defendant's sentence after the defendant's conviction has been partially vacated on appeal. We first considered a similar issue in Dolby v. State, where we held: "When a court is forced to vacate an unlawful sentence on one count, the court may not increase a lawful sentence on a separate count."

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