Hedger (Christopher) v. Dist. Ct. (State) ( 2013 )

 Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 603-04, 637
P.2d 534, 536 (1981).
NRS 178.425(5) requires the district court to dismiss the
charges against petitioner after he has been found incompetent "with no
substantial probability of attaining competency in the foreseeable future."
However, this determination is made after a defendant is sent to Lake's
Crossing, see NRS 178.425(1), or outpatient treatment, see NRS
178.425(3), for an evaluation of the defendant's ability to receive
treatment to competency and to attain competency. Upon referral to
Lake's Crossing or outpatient treatment, NRS 178.450(2)(a) directs the
administrator or his or her designee to submit a report to the district court
including his or her opinion as to whether "[t]here is a substantial
probability that the defendant can receive treatment to competency and
will attain competency to stand trial or receive pronouncement of
judgment in the foreseeable future." Only after the report is sent to the
district court, is the court required to make the findings discussed in NRS
178.425(5). See NRS 178.460(3)(a). The clinical neuropsychologist is not
the administrator or the administrator's designee and petitioner has not
alleged that the administrator has prepared a report. Therefore, the
district court did not manifestly abuse its discretion by remanding
petitioner to custody and ordering him to be sent to Lake's Crossing for
evaluation, and we deny the petition.
Although we conclude that the district court did not abuse its
discretion by ordering petitioner to be sent to Lake's Crossing, we note
that a written order has not been entered by the district court and
petitioner therefore remains confined at the Clark County Detention
Center after the district court's oral order. We direct the district court to
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issue a written order by the close of business on Wednesday, May 22,
2013.
It is so ORDERED.'
J.
Saitta
cc: Hon. Linda Marie Bell, District Judge
Las Vegas Defense Group, LLC
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
"The motion for stay and release is denied.
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