Oral Argument Calendar: Nov. 5

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State of Nevada v. Lucero (Arthur),

Docket No. 54375

Carson City - 9:30 a.m. - Justices Hardesty, Douglas, and Pickering

This is an appeal from a district court order denying the State's motion to correct what it argues is an illegal sentence that reduced a drug trafficker's prison term from 10 years to life, to 2 to 15 years.  Arthur Lucero pleaded guilty to trafficking in a controlled substance and was sentenced to a term of 120 months to life in prison, pursuant to NRS 453.3385(3).  The district court subsequently suspended Lucero's sentence and placed him on probation pursuant to NRS 453.3405, which allows a district court to reduce or suspend the sentence of a person found guilty of trafficking if it finds that the person has provided substantial assistant in the investigation or prosecution of any offense.  Subsequently, the district court revoked Lucero's probation and modified his sentence to a term of 24 to 180 months in prison.  The State filed a motion to correct an illegal sentence, arguing that the modification resulted in a sentence that was less than the range provided by NRS 453.3385(3).  The district court denied the motion and the State has appealed that decision.  ISSUE:  Did the district court err by denying the State's motion to correct an illegal sentence?

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This page contains a single entry by JoNell published on October 28, 2010 8:21 AM.

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