Wednesday, April 22, 2015 - Carson City

Cassinelli (Dominic) vs. State

Docket No. 64881

Carson City – 2:00 p.m. – Gibbons/Tao/Silver

 

This is an appeal from a judgment of conviction, pursuant to an Alford plea, of coercion and preventing or dissuading a person from testifying.  The district court denied Cassinelli’s request to be placed in a program of treatment pursuant to NRS 458.290 et seq. on the bases that Cassinelli was ineligible under NRS 458.300(1)(d) and, alternatively, that Cassinelli is not likely to be rehabilitated through treatment or is not otherwise a good candidate for treatment. ISSUES: (1) Did the district court err by finding that Cassinelli was ineligible for assignment to a program of treatment under NRS 458.300(1)(d)? (2) Did the district court abuse its discretion by finding that Cassinelli is not likely to be rehabilitated through treatment or is not otherwise a good candidate for treatment and using this determination as an alternative basis for denying Cassinelli’s request for treatment? (3) Did the prosecutor commit misconduct at sentencing by advocating for a jail sentence for Count II? (4) Did the district court err by not allowing Cassinelli an opportunity to cross-examine the victim at the sentencing hearing? (5) Is the sentence imposed for Count II illegal in violation of NRS 176A.500(1)(a)? (Disclaimer: This synopsis is intended to provide only general information about this case before the Court of Appeals.  It is not intended to be all-inclusive or reflect all positions of the parties.)