West (Mark) v. State

 this State would amount to a felony." NRS 176A.100(b)(4). We conclude
that the 1996 misdemeanor attempted burglary conviction falls within
that exception because, although the attempted burglary offense in
appellant's case was a misdemeanor in Utah, it was a felony offense in
Nevada, see 1995 Nev. Stat., ch. 443, § 124, at 1215 (defining burglary as a
category B felony); 1995 Nev. Stat., ch. 443, § 3, at 1168-69 (defining
punishments for attempted commission of felony offenses). Therefore,
that conviction and his 1990 felony conviction for conspiracy to distribute
cocaine exempt him from the mandatory probation provision.
Appellant suggests that because he pleaded guilty to
misdemeanor attempted burglary, "it is a safe assumption that he had
been charged with a third degree felony," the "lowest felony in Utah" in
accordance with the Utah burglary statute and that if he "was charged
with a similar category in Nevada, he would have been charged under a
category C, or possibly even a category D." He argues that under the
statute in effect at the relevant time," an attempt to commit category C
was punished as a category D or a gross misdemeanor and therefore the
attempted burglary conviction should not be treated as a felony under
Nevada law. We disagree. Burglary was a felony (category B) in Nevada
at the relevant time, and, while pleading guilty to attempted burglary
affected the punishment range, it did not alter the felony status of the
'Appellant was arrested on July 27, 1995, and initially charged with
burglary, a felony offense. He pleaded guilty to attempted burglary on
March 15, 1996. The parties rely on the 1995 versions of NRS 205.060
(burglary) and NRS 193.330 (punishments for attempts) in this appeal.
SUPREME COURT
OF
NEVADA
2
(0) 19474
offense under Nevada law. See 1995 Nev. Stat., ch. 443, § 3, at 1168.
Because appellant failed to demonstrate error in this regard, we
ORDER the judgment of conviction AFFIRMED.
Pickering
dl
ht-t
Parraguirre
J.
Saitta
cc: Hon. Gary Fairman, District Judge
State Public Defender/Ely
State Public Defender/Carson City
Attorney General/Carson City
White Pine County District Attorney
White Pine County Clerk
SUPREME COURT
OF
NEVADA
3
(0) I947A