State v. Second Judicial District Court

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 warning, or explicitly agrees, that the State may count the conviction as a second offense for future enhancement purposes.At issue was the increasingly serious penalties imposed by Nevada law on repeat domestic battery offenders, a first such offense being a misdemeanor and a third offense within seven years constituting a felony. John Kephart was convicted of domestic battery, his third such offense in seven years. Kephart’s second domestic battery conviction resulted from a plea bargain by which Kephart pleaded guilty to a “first offense” domestic battery. The district court refused to consider Kephart’s second “first offense” conviction at sentencing for enhancement purposes because it would be "unfair." The Supreme Court disagreed, holding that using Kephart’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 because, before entering his plea, Kephart acknowledged that the State could use the second “first offense” and any prior offenses for enhancement purposes should Kephart commit another domestic battery within seven years. View "State v. Second Judicial District Court" on Justia Law