Nevada Supreme Court

The State of Nevada, Appellant v. Arthur Louis Lucero, Respondent

March 17, 2011127 Nev. 92

Summary

The Nevada Supreme Court held that the phrase "minimum term of imprisonment prescribed by the applicable penal statute" in NRS 176A.630(5) includes the substantial‑assistance provision of NRS 453.3405(2), allowing the district court to reduce Lucero's sentence below the statutory 10‑year minimum after probation revocation. The Court applied the rule of lenity to resolve the statutory ambiguity and affirmed the district court's sentence reduction.