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HANEY v. STATE

No. 47811.

185 P.3d 350 (2008)

Randy Gene HANEY, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

June 12, 2008.

Attorney(s) appearing for the Case

Philip J. Kohn, Public Defender, and Philip David Westbrook, Deputy Public Defender, Clark County, for Appellant.

Catherine Cortez Masto, Attorney General, and Alicia L. Lerud, Deputy Attorney General, Carson City; David J. Roger, District Attorney, and Steven S. Owens and James Tufteland, Chief Deputies District Attorney, Clark County, for Respondent.

Before the Court En Banc.

OPINION

By the Court, CHERRY, J.:

This appeal concerns whether the district court erred when it denied Randy Gene Haney's motion to correct an illegal sentence following a guilty plea to attempted third-degree arson. Haney contended that his sentence of 12 months flat time was illegal because a flat time sentence violated the separation of powers doctrine and contravened legislative intent. We conclude that the district court should have granted Haney...

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