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STROMBERG v. SECOND JUDICIAL DIST. COURT

No. 50079.

200 P.3d 509 (2009)

Michael Lynn STROMBERG, Petitioner, v. The SECOND JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF WASHOE, and the Honorable Patrick Flanagan, District Judge, Respondents, and The State of Nevada, Real Party in Interest.

Supreme Court of Nevada.

January 29, 2009.

Attorney(s) appearing for the Case

Jeremy T. Bosler, Public Defender, and John Reese Petty, Chief Deputy Public Defender, Washoe County, for Petitioner.

Catherine Cortez Masto, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Terrence P. McCarthy, Deputy District Attorney, Washoe County, for Real Party in Interest.

Before the Court En Banc.

OPINION

By the Court, CHERRY, J.

In this original petition for a writ of mandamus, we address two issues related to NRS 484.37941, which allows a district court to accept a plea of guilty to a third-offense DUI and subsequently enter a judgment for a second-offense DUI if the offender successfully completes a treatment program.2 First, we consider whether the plain language of NRS 484.37941 allows an offender entering...

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