CONNER v. STATE (2020)

ORDER OF AFFIRMANCE

Stephanie Charline Conner appeals from a judgment of conviction entered pursuant to a jury verdict of driving under the influence (DUI) of an intoxicating liquor with one or more prior felony DUI convictions. Eighth Judicial District Court, Clark County; Michael Villani, Judge.

Conner argues that the State’s charging document only alleged one prior DUI conviction and therefore her instant DUI conviction must be treated as a second offense and punished as a misdemeanor pursuant to NRS 484C.400(1)(b). However, Conner was previously convicted of misdemeanor driving under the influence, a second offense, after her offense was reduced pursuant to her successful completion of a treatment program. See NRS 484C.340(4)(c)(4). A conviction reduced in this manner is expressly deemed a valid prior conviction for purposes of driving under the influence with one or more prior felony DUI convictions. See NRS 484C.410(1)(e). Consequently, Conner was properly convicted and sentenced for a felony DUI pursuant to NRS 484C.410(1). Accordingly, we conclude Conner is not entitled to relief, and we

ORDER the judgment of conviction AFFIRMED.