LUIS LORENZO HERNANDEZ, Appellant, v. THE STATE OF NEVADA, Respondent
Hernandez v. State
LUIS LORENZO HERNANDEZ, Appellant, v. THE STATE OF NEVADA, Respondent.
LUIS LORENZO HERNANDEZ, Appellant, v. THE STATE OF NEVADA, Respondent.
No. 7426
February 6, 1974
519 P.2d 107
Peter L. Flangas, of Las Vegas, for Appellant.
Robert List, Attorney General, Carson City; Roy A. Woof-ter, District Attorney, Charles L. Garner, Chief Deputy District Attorney, and Addeliar D. Guy, Deputy District Attorney, Clark County, for Respondent.
OPINION
Per Curiam:
The appellant, a juvenile, was certified to stand trial as an adult for the crime of involuntary manslaughter. Certification is authorized if the crime charged "would be a felony if committed by an adult," NRS 62.080. Since the punishment for involuntary manslaughter may be either state prison confinement, a felony, or county jail confinement, a gross misdemeanor [NRS 200.090], the appellant contends that certification is impermissible. This contention ignores NRS 193.120(2) which provides that "every crime which may be punished by death or imprisonment in the state prison is a felony."
Prior to judgment, an offense which is punishable either by imprisonment in the state prison or confinement in the county jail is deemed a felony for all purposes and remains a felony until the court imposes a lesser sentence. Brooks v. Superior Court, 48 Cal.Rptr. 762, 764 (Cal.App. 1966); People v. Cline, 75 Cal.Rptr. 459, 462 (Cal.App. 1969). Since involuntary manslaughter may be punished by imprisonment in the state prison it is a felony for the purposes of certification even though the district court may decide to impose a lesser sentence.
Affirmed.