A conviction for battery constituting domestic violence occurring prior to January 1, 1998, may be used to enhance a subsequent conviction of battery constituting domestic violence under this section. English v. State, 116 Nev. 828, 9 P.3d 60, 116 Nev. Adv. Rep. 89, 2000 Nev. LEXIS 97 (Nev. 2000).
State failed to establish the existence and constitutional validity of the prior domestic battery misdemeanor convictions because the mere transmission of the exhibits used at the preliminary hearing from the justice court to the district court was insufficient. As such, defendant’s current offense was erroneously enhanced to a felony. Hobbs v. State, 127 Nev. 234, 251 P.3d 177, 127 Nev. Adv. Rep. 18, 2011 Nev. LEXIS 20 (Nev. 2011).
District court erroneously enhanced defendant’s penalty to a felony on each of three counts of domestic battery as the State failed to meet its burden of proof because, at the sentencing hearing, the State did not present any evidence of the prior domestic battery convictions; a review of the sentencing hearing transcript revealed a general discussion about defendant’s prior criminal record, but neither the State nor defendant specifically identified the 2012 convictions in any fashion; and the district court did not sua sponte admit the previously marked exhibits into evidence nor did it take judicial notice of their existence. Davis v. State, 132 Nev. 960, 2016 Nev. App. Unpub. LEXIS 192 (Nev. Ct. App. 2016).
District court erroneously enhanced defendant’s penalty to a felony on each of three counts of domestic battery because the first two domestic battery offenses charged within the information could not be used to enhance the third domestic battery conviction to a felony as the offenses were not listed in the information as offenses to be considered for enhancement purposes, nor did the State make that request at the time of sentencing; and the judgments on the first two counts were not final when defendant was sentenced on the third count and could not be used for enhancement purposes as the judgments were neither signed by the judge nor entered by the clerk. Davis v. State, 132 Nev. 960, 2016 Nev. App. Unpub. LEXIS 192 (Nev. Ct. App. 2016).
What determines felony enhancement under NRS 200.485 is the defendant having committed three domestic battery offenses within seven years, two of which are evidenced by judgments of conviction – not the designation of the prior offenses as “first” and “second” offenses. Section 200.485(4) says that the sequence of the prior offenses and convictions does not matter, only how many of them there are. State v. Second Judicial Dist. Court of Nev., 134 Nev. 384, 421 P.3d 803, 134 Nev. Adv. Rep. 50, 2018 Nev. LEXIS 51 (Nev. 2018).
When a plea agreement allows a defendant to plead guilty to a first offense for a second domestic battery conviction, it is reasonable for the defendant to expect first-offense treatment of the conviction for all purposes, unless the defendant receives appropriate clarification and warning – or explicitly agrees – that the State may count the conviction as a second offense for future enhancement purposes. State v. Second Judicial Dist. Court of Nev., 134 Nev. 384, 421 P.3d 803, 134 Nev. Adv. Rep. 50, 2018 Nev. LEXIS 51 (Nev. 2018).
Defendant, who was convicted of domestic battery, third offense, received the benefit of an earlier plea deal when he was given the shorter sentence and lower fine only available to a first-time offender. Using defendant’s two prior “first offense” convictions to enhance his third domestic battery conviction to a felony did not violate the plea bargain by which the second conviction was obtained. State v. Second Judicial Dist. Court of Nev., 134 Nev. 384, 421 P.3d 803, 134 Nev. Adv. Rep. 50, 2018 Nev. LEXIS 51 (Nev. 2018).