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91 Nev. 592

McNallen v. State

Nevada Supreme Court

Decided September 29, 1975

Nevada Supreme Court · decided 1975-09-29

Cited by 4 later decisions — most recently March 2011

4 state decisions

Applies NV 200 § 200.380

Relies on Lewis v. State · Jennings v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1975-09-29

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¶1OPINION

Per Curiam:

¶2Michael B. McNallen pleaded guilty to a charge of robbery, a felony under NRS 200.380, and was sentenced to a term of fifteen (15) years in the Nevada State Prison. Sentence was suspended and McNallen was placed on probation for a period of five (5) years.

¶3During the period of probation the state moved for revocation because of purported violations of the probation agreement.

¶4After a hearing, the district court entered an order revoking probation and imposed the original fifteen (15) year sentence. McNallen appeals, contending revocation was unjustified. The contention is without merit.

¶5One of the conditions of probation was that McNallen refrain from any activity involving drugs or narcotics (controlled substances).

¶6Evidence leading to the request for revocation — and before the district court when probation was revoked — -was that McNallen had been arrested for, and charged with, possession of a controlled substance. The charges were not contested at *593the revocation hearing; and, counsel conceded the charges could not be refuted.

¶7Accordingly, the record fully supports the district judge’s order revoking probation. Lewis v. State, 90 Nev. 436, 529 P.2d 796 (1974); Jennings v. State, 89 Nev. 297, 511 P.2d 1048 (1973).

¶8Affirmed.

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