Nieto v. State, 119 Nev. 229

Summary

The Supreme Court of Nevada held that a defendant is entitled to credit against a sentence for presentence confinement in another jurisdiction when the confinement was solely based on the charges for which the defendant was ultimately convicted. The court reversed the district court's denial of Joshua I. Nieto's motion and remanded for an evidentiary hearing to determine the amount of additional credit due.

Holdings

1. A defendant is entitled to credit against a sentence for time spent in presentence confinement in another jurisdiction when the confinement was solely pursuant to the charges for which the defendant was ultimately convicted and sentenced.
2. The district court must conduct an evidentiary hearing to determine the exact amount of additional credit to which Nieto is entitled.

Questions Presented

1. Whether a defendant is entitled under NRS 176.055 to credit against a Nevada sentence for presentence confinement in another jurisdiction while awaiting extradition, when the confinement was solely attributable to the charges for which the defendant was ultimately convicted and sentenced.
2. Whether the district court erred by denying the motion without conducting an evidentiary hearing.

Disposition

reversed_and_remanded