BUSBY v. STATE (2021)

ORDER OF AFFIRMANCE

Busby claims the district court erred by sentencing him to a term of probation of 18 months because it exceeds that allowed by NRS 176A.500. “[T]he proper penalty is the penalty in effect at the time of the commission of the offense ․” State v. Second Judicial Dist. Court (Pullin), 124 Nev. 564, 567, 188 P.3d 1079, 1081 (2008). Busby committed the offense on May 27, 2018. At that time, NRS 176A.500(1)(a)(1) provided for a term of probation of up to three years. 2017 Nev. Stat., ch. 503, § 1, at 3312. Therefore, we conclude the district court did not err by sentencing Busby to a term of probation of 18 months. Accordingly, we

ORDER the judgment of conviction AFFIRMED.