NRS
173.115 Joinder of offenses.
1. Two or more offenses may be charged in
the same indictment or information in a separate count for each offense if the
offenses charged, whether felonies or gross misdemeanors or both, are:
(a) Based on the same act or transaction; or
(b) Based on two or more acts or transactions
connected together or constituting parts of a common scheme or plan.
2. Except as otherwise provided in
subsection 3:
(a) A misdemeanor which was committed within the
boundaries of a city and which would otherwise be within the jurisdiction of
the municipal court must be charged in the same criminal complaint as a felony
or gross misdemeanor or both if the misdemeanor is based on the same act or
transaction as the felony or gross misdemeanor. A charge of a misdemeanor which
meets the requirements of this subsection and which is erroneously included in
a criminal complaint that is filed in the municipal court shall be deemed to be
void ab initio and must be stricken.
(b) A battery which constitutes domestic violence
that is punishable as a misdemeanor pursuant to NRS 200.485 must be charged in the same
indictment or information in district court as a felony or gross misdemeanor or
both if the battery is based on the same act or transaction as the felony or
gross misdemeanor.
3. The provisions of subsection 2 do not
apply:
(a) To a misdemeanor based solely upon an alleged
violation of a municipal ordinance.
(b) If an indictment is brought or an information
is filed in the district court for a felony or gross misdemeanor or both after
the convening of a grand jury.
(Added to NRS by 1967,
1413; A 2017,
1242; 2021,
1311)
Notes of Decisions
Cited in
56
cases (
8 in the last 5 years), 1972–2022 · leading case:
Nevada v. Kopp, 43 P.3d 340 (Nev. 2002).
Nevada v. Kopp, 43 P.3d 340 (Nev. 2002).
· cites it 61× “The question posed in this appeal is whether NRS 173.115 grants jurisdiction to the district court over a misdemeanor joined with a felony or gross misdemeanor in a single indictment or information.”
Weber v. State, 119 P.3d 107 (Nev. 2005).
· cites it 14× “[2] Even with charges that otherwise could be joined under NRS 173.115, a district court should order severance where joinder would cause unfair prejudice to the defendant.”
Tabish v. State, 72 P.3d 584 (Nev. 2003).
· cites it 12× “Common scheme or plan The State contends that the charges were properly joined pursuant to NRS 173.115 because they were part of a common scheme or plan.”
Middleton v. State, 968 P.2d 296 (Nev. 1998).
· cites it 4× “NRS 173.115 provides: Two or more offenses may be charged in the same indictment or information in a separate count for each offense if *1107 the offenses charged, whether felonies or misdemeanors or both, are: 1.”
Floyd v. State, 42 P.3d 249 (Nev. 2002).
· cites it 4× “NRS 173.115 provides that multiple offenses may be charged in the same information if the offenses charged are based either "on the same act or transaction" or "on two or more acts or transactions connected together or constituting parts of a common scheme or plan.”
Graves v. State, 912 P.2d 234 (Nev. 1996).
· cites it 4× “Graves insists that these acts do not represent a common scheme or plan or involve the same act or transaction as is required by NRS 173.115. He claims that the proof presented at trial regarding his intent to steal from the cashier's booth was highly prejudicial to the charged…”
Griego v. State, 893 P.2d 995 (Nev. 1995).
· cites it 6× “Pursuant to NRS 173.115, offenses may be joined. NRS 173.”
Honeycutt v. State, 56 P.3d 362 (Nev. 2002).
· cites it 6× “NRS 173.115 provides: Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or both, are: .”
Bludsworth v. State, 646 P.2d 558 (Nev. 1982).
· cites it 3× “NRS 173.115 permits joinder in such instances.”
Tillema v. State, 914 P.2d 605 (Nev. 1996).
· cites it 4× “NRS 173.115 provides that two or more offenses may be joined together in a separate count for each offense if the offenses charged are "[b]ased on the same act or transaction," "connected together" or constitute a "common scheme or plan.”
State v. Boueri, 672 P.2d 33 (Nev. 1983).
· cites it 3× “516 (1898) and NRS 173.115. In Mandich , the defendant had taken small quantities of gold and silver cyanide from a mining company over a period of months.”
Brown v. State, 967 P.2d 1126 (Nev. 1998).
· cites it 2× “Based on our review of the record, we conclude that Count V, stemming from the police’s discovery of the firearm in Brown’s bedroom closet, was intricately related to Counts I-IV *1125 because substantial evidence suggested that this was the weapon that the assailant used to…”
— Nev. Rev. Stat. § 173.115(1) — 8 cases
— Nev. Rev. Stat. § 173.115(1)(1) — 1 case
— Nev. Rev. Stat. § 173.115(1)(b) — 3 cases
— Nev. Rev. Stat. § 173.115(2) — 22 cases
Weber v. State, 119 P.3d 107 (Nev. 2005).
“[2] Even with charges that otherwise could be joined under NRS 173.115, a district court should order severance where joinder would cause unfair prejudice to the defendant.”
Honeycutt v. State, 56 P.3d 362 (Nev. 2002).
“NRS 173.115 provides: Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or both, are: .”
Middleton v. State, 968 P.2d 296 (Nev. 1998).
“NRS 173.115 provides: Two or more offenses may be charged in the same indictment or information in a separate count for each offense if *1107 the offenses charged, whether felonies or misdemeanors or both, are: 1.”
Tillema v. State, 914 P.2d 605 (Nev. 1996).
“NRS 173.115 provides that two or more offenses may be joined together in a separate count for each offense if the offenses charged are "[b]ased on the same act or transaction," "connected together" or constitute a "common scheme or plan.”
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