HIGH DESERT STATE PRISON VS. SANCHEZ (LUIS)
2019 NV 68
| Nev. | 2019Background
- Sanchez was charged with two counts of attempted lewdness with a child under 14 under NRS 201.230 and NRS 193.330; the information alleged the conduct occurred on or between May 8, 2006 and January 31, 2013.
- He pleaded guilty and received two consecutive 5–15 year sentences.
- Sanchez filed a postconviction habeas petition claiming the Nevada Department of Corrections miscalculated his parole-eligibility date by failing to apply statutory good-time credits to his minimum terms.
- The district court granted the petition in part, applying the pre-2007 version of NRS 209.4465(7)(b) (per Williams v. State) to award credits.
- The State appealed, arguing the 2007 amendment to NRS 209.4465 (adding subsection 8, which bars certain sexual and category A/B felons from receiving the credits) should apply because Sanchez’s charged conduct allegedly continued through 2013.
Issues
| Issue | Plaintiff's Argument (Sanchez) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Which version of NRS 209.4465 applies when conduct began before but continued after the 2007 amendment? | The pre-2007 statute applies because the offense began in 2006 and Sanchez is entitled to credits. | If the offense is continuous and ended after the 2007 amendment, the 2007 version (which precludes credits for listed offenses) applies. | Court: If the convicted offense is continuous, the 2007 statute governs; if not, the pre-2007 statute governs. |
| Whether attempted lewdness with a child under 14 is a continuing offense | Attempt is not a continuing offense; therefore pre-2007 statute applies and credits are allowed. | The charged date range shows a continuing offense; thus the 2007 amendment (no credits) should apply. | Court: Attempted lewdness with a child under 14 is not a continuing offense; the district court correctly applied the pre-2007 statute and awarded credits. |
Key Cases Cited
- Williams v. State, 133 Nev. 594, 402 P.3d 1260 (2017) (interpreting NRS 209.4465 good-time credit application to parole eligibility)
- Rimer v. State, 131 Nev. 307, 351 P.3d 697 (2015) (recognizing child-abuse provisions may be treated as continuing offenses)
- Toussie v. United States, 397 U.S. 112 (1970) (standard for treating offenses as continuing)
- Jackson v. State, 128 Nev. 598, 291 P.3d 1274 (2012) (statutory-construction review standard)
- Wilson v. State, 121 Nev. 345, 114 P.3d 285 (2005) (permitting allegations by time frame rather than exact date)