NRS
207.016 Procedure; trial of primary offense; prior convictions.
1. A conviction pursuant to NRS 207.010, 207.012 or 207.014 operates only to increase, not to
reduce, the sentence otherwise provided by law for the principal crime.
2. If a count pursuant to NRS 207.010, 207.012 or 207.014 is included in an information
charging the primary offense, each previous conviction must be alleged in the
accusatory pleading, but no such conviction may be alluded to on trial of the
primary offense, nor may any allegation of the conviction be read in the
presence of a jury trying the offense or a grand jury considering an indictment
for the offense. A count pursuant to NRS
207.010, 207.012 or 207.014 may be filed separately from the
indictment or information charging the primary offense, but if it is so filed,
the count pursuant to NRS 207.010, 207.012 or 207.014 must be filed not less than 2 days
before the start of the trial on the primary offense, unless an agreement of
the parties provides otherwise or the court for good cause shown makes an order
extending the time. For good cause shown, the prosecution may supplement or
amend a count pursuant to NRS 207.010, 207.012 or 207.014 at any time before the sentence is
imposed, but if such a supplement or amendment is filed, the sentence must not
be imposed, or the hearing required by subsection 3 held, until 15 days after
the separate filing.
3. If a defendant charged pursuant to NRS 207.010, 207.012 or 207.014 pleads guilty or guilty but
mentally ill to, or is found guilty or guilty but mentally ill of, the primary
offense but denies any previous conviction charged, the court shall determine
the issue of the previous conviction after hearing all relevant evidence
presented on the issue by the prosecution and the defendant. At such a hearing,
the defendant may not challenge the validity of a previous conviction. The
court shall impose sentence:
(a) Pursuant to NRS
207.010 upon finding that the defendant has suffered previous convictions
sufficient to support an adjudication of habitual criminality;
(b) Pursuant to NRS
207.012 upon finding that the defendant has suffered previous convictions
sufficient to support an adjudication of habitual felon; or
(c) Pursuant to NRS
207.014 upon finding that the defendant has suffered previous convictions
sufficient to support an adjudication of habitually fraudulent felon.
4. Nothing in the provisions of this
section, NRS 207.010, 207.012 or 207.014 limits the prosecution in
introducing evidence of prior convictions for purposes of impeachment.
5. For the purposes of NRS 207.010, 207.012 and 207.014, a certified copy of a felony
conviction is prima facie evidence of conviction of a prior felony.
6. Nothing in the provisions of this
section, NRS 207.010, 207.012 or 207.014 prohibits a court from imposing an
adjudication of habitual criminality, adjudication of habitual felon or
adjudication of habitually fraudulent felon based upon an agreement of the
parties.
(Added to NRS by 1995,
1238; A 1997,
519, 524,
1186;
2003,
1483; 2007,
1441; 2013,
1373)
VAGRANTS
Notes of Decisions
Cited in
40
cases (
7 in the last 5 years), 2003–2025 · leading case:
Hymon v. State, 111 P.3d 1092 (Nev. 2005).
Hymon v. State, 111 P.3d 1092 (Nev. 2005).
· cites it 2× “NRS 207.016(3) provides: If a defendant charged pursuant to NRS 207.”
Grey v. State, 178 P.3d 154 (Nev. 2008).
“” NRS 207.016(2) also provides that an allegation of habitual criminality may be “separately filed after conviction of the primary offense.”
Hodges v. State, 78 P.3d 67 (Nev. 2003).
· cites it 4× “NRS 207.016(6) was enacted, providing: “Nothing in the provisions of this section, NRS 207.”
Young v. State, 534 P.3d 158 (Nev. 2023).
· cites it 2× “First, Young argues that the district court should have held a separate hearing before sentencing him as a habitual criminal, as required under NRS 207.016. Second, Young argues he was entitled to a separate jury trial regarding the State's habitual criminal allegations.”
Doolin v. Dep't of Corr., 440 P.3d 53 (Nev. 2018).
· cites it 4× “For each of those crimes, an offender's sentence and category of conviction may be enhanced following submission of evidence of the offender's prior criminal convictions.”
Harris v. Ford (D. Nev. 2024).
· cites it 17× “9 10 Pending before the Court is Plaintiff’s application to proceed in forma pauperis (“IFP”) and 11 “Motion for Constitutional Challenge/Declaratory Challenge to NRS 207.016 and Request for 12 Certification by the Court Pursuant to 28 U.”
Saintal v. Foster (D. Nev. 2020).
· cites it 5× “Saintal failed to object during the sentencing hearing that she had not benefited from the 15 day notice period 13 provided for in NRS 207.016. Therefore, she did not properly preserve the issue on appeal.”
Yarell (Marvin) v. State (Nev. 2016).
· cites it 4× “014 is included in an information charging the primary offense, each previous conviction must be alleged in the accusatory pleading, but no such conviction may be alluded to on trial of the primary offense, nor may any allegation of the conviction be read in the presence of a…”
— Nev. Rev. Stat. § 207.016(1) — 6 cases
Doolin v. Dep't of Corr., 440 P.3d 53 (Nev. 2018).
“For each of those crimes, an offender's sentence and category of conviction may be enhanced following submission of evidence of the offender's prior criminal convictions.”
Harris v. Ford (D. Nev. 2024).
“9 10 Pending before the Court is Plaintiff’s application to proceed in forma pauperis (“IFP”) and 11 “Motion for Constitutional Challenge/Declaratory Challenge to NRS 207.016 and Request for 12 Certification by the Court Pursuant to 28 U.”
— Nev. Rev. Stat. § 207.016(2) — 13 cases
Grey v. State, 178 P.3d 154 (Nev. 2008).
“” NRS 207.016(2) also provides that an allegation of habitual criminality may be “separately filed after conviction of the primary offense.”
Yarell (Marvin) v. State (Nev. 2016).
“014 is included in an information charging the primary offense, each previous conviction must be alleged in the accusatory pleading, but no such conviction may be alluded to on trial of the primary offense, nor may any allegation of the conviction be read in the presence of a…”
Saintal v. Foster (D. Nev. 2020).
“Saintal failed to object during the sentencing hearing that she had not benefited from the 15 day notice period 13 provided for in NRS 207.016. Therefore, she did not properly preserve the issue on appeal.”
— Nev. Rev. Stat. § 207.016(3) — 6 cases
Hymon v. State, 111 P.3d 1092 (Nev. 2005).
“NRS 207.016(3) provides: If a defendant charged pursuant to NRS 207.”
Harris v. Ford (D. Nev. 2024).
“9 10 Pending before the Court is Plaintiff’s application to proceed in forma pauperis (“IFP”) and 11 “Motion for Constitutional Challenge/Declaratory Challenge to NRS 207.016 and Request for 12 Certification by the Court Pursuant to 28 U.”
— Nev. Rev. Stat. § 207.016(5) — 13 cases
Hymon v. State, 111 P.3d 1092 (Nev. 2005).
“NRS 207.016(3) provides: If a defendant charged pursuant to NRS 207.”
— Nev. Rev. Stat. § 207.016(6) — 1 case
Hodges v. State, 78 P.3d 67 (Nev. 2003).
“NRS 207.016(6) was enacted, providing: “Nothing in the provisions of this section, NRS 207.”
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