NRS
193.169 Limitation on imposition of additional and alternative
penalties; alternative allegations.
1. A person who is sentenced to an
additional term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165,
193.166, 193.167, 193.1675,
193.1677, 193.1678, 193.168, subsection 1 of NRS 193.1685, NRS 453.3335, 453.3345, 453.3351 or subsection 1 of NRS 453.3353 must not be sentenced to an
additional term of imprisonment pursuant to any of the other listed sections
even if the person’s conduct satisfies the requirements for imposing an
additional term of imprisonment pursuant to another one or more of those
sections.
2. A person who is sentenced to an
alternative term of imprisonment pursuant to subsection 3 of NRS 193.161, subsection 3 of NRS 193.1685 or subsection 2 of NRS 453.3353 must not be sentenced to an
additional term of imprisonment pursuant to subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165,
193.166, 193.167, 193.1675,
193.1677, 193.1678, 193.168, 453.3335,
453.3345 or 453.3351 even if the person’s conduct
satisfies the requirements for imposing an additional term of imprisonment
pursuant to another one or more of those sections.
3. This section does not:
(a) Affect other penalties or limitations upon
probation or suspension of a sentence contained in the sections listed in
subsection 1 or 2.
(b) Prohibit alleging in the alternative in the
indictment or information that the person’s conduct satisfies the requirements
of more than one of the sections listed in subsection 1 or 2 and introducing
evidence to prove the alternative allegations.
(Added to NRS by 1991,
1058; A 1995,
2704; 1997,
260; 1999,
1335; 2003,
339, 871,
1515,
2944;
2005,
946; 2007,
3194; 2017,
4206; 2019,
1463)
INTENT
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1994–2021 · leading case:
Somee v. State, 187 P.3d 152 (Nev. 2008).
Somee v. State, 187 P.3d 152 (Nev. 2008).
“1 In accordance with NRS 193.169(1), Somee’s sentence was enhanced only once despite being charged with enhancements for both the use of a deadly weapon and the intent to promote, further, or assist a criminal gang.”
Hill v. State, 188 P.3d 51 (Nev. 2008).
“In accordance with NRS 193.169(1), Hill’s sentence was enhanced only once despite being charged with enhancements for both the use of a deadly weapon and for committing a crime against an elderly person over the age of 65.”
Hutchins v. State, 867 P.2d 1136 (Nev. 1994).
“in the commission of a crime shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime.”
Milton v. State, 908 P.2d 684 (Nev. 1995).
“Except as otherwise provided in NRS 193.169, any person who uses a firearm or other deadly weapon or a weapon containing or capable of emitting tear gas, whether or not its possession is permitted by NRS 202.”
Rodriguez v. State, 431 P.3d 45 (Nev. 2018).
“This limitation has since been codified in NRS 193.169(1) : A person who is sentenced to an additional term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.”
Rodriguez (juan) Vs. State, 2018 NV 95 (Nev. 2018).
· cites it 2× “This is true regardless of whether the additional 'This limitation has since been codified in NRS 193.169(1): A person who is sentenced to an additional term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.”
Rodriguez (juan) Vs. State, 2018 NV 95 (Nev. 2018).
“This is true regardless of whether the additional 'This limitation has since been codified in NRS 193.169(1): A person who is sentenced to an additional term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.”
Stiegler v. Neven (D. Nev. 2021).
“Prior to its amendment in 2007, the statute read: 20 Except as otherwise provided in NRS 193.169, any person who uses a firearm or other deadly weapon or a weapon containing or capable of 21 emitting tear gas, whether or not its possession is permitted by NRS 202.”
— Nev. Rev. Stat. § 193.169(1) — 5 cases
Somee v. State, 187 P.3d 152 (Nev. 2008).
“1 In accordance with NRS 193.169(1), Somee’s sentence was enhanced only once despite being charged with enhancements for both the use of a deadly weapon and the intent to promote, further, or assist a criminal gang.”
Hill v. State, 188 P.3d 51 (Nev. 2008).
“In accordance with NRS 193.169(1), Hill’s sentence was enhanced only once despite being charged with enhancements for both the use of a deadly weapon and for committing a crime against an elderly person over the age of 65.”
Rodriguez v. State, 431 P.3d 45 (Nev. 2018).
“This limitation has since been codified in NRS 193.169(1) : A person who is sentenced to an additional term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.”
Rodriguez (juan) Vs. State, 2018 NV 95 (Nev. 2018).
“This is true regardless of whether the additional 'This limitation has since been codified in NRS 193.169(1): A person who is sentenced to an additional term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.”
Rodriguez (juan) Vs. State, 2018 NV 95 (Nev. 2018).
“This is true regardless of whether the additional 'This limitation has since been codified in NRS 193.169(1): A person who is sentenced to an additional term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.