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The State of Nevada v. Clifton Dwayne Dawson
Date: 11-21-2024
Case Number: 85773
Judge: Jacqueline M. Bluth
Court: Eighth Judicial District Court, Clark County, Nevada
Plaintiff's Attorney: Clark County, Nevada District Attorney's Office
Defendant's Attorney:
Click Here For The Best Las Vegas Criminal Defense Lawyer Directory
Description:
Las Vegas, Nevada criminal defense lawyer represented the Defendant claimed with sexual assault.
On January 18, 1997, C.V. was sexually assaulted. She was approached by a man holding a knife while she was waiting at a bus stop. The man held the knife to her throat and walked her to a vacant lot, where he sexually assaulted her. Afterward, the perpetrator dumped out C.V.'s purse and walked away. C.V. underwent a sexual assault examination, but no suspect was identified, and no charges were filed.
More than 20 years later, appellant Clifton Dawson's DNA was matched to DNA in C.V.'s sexual assault examination kit. Dawson was charged with one count of sexual assault and, in 2022, was found guilty following a six-day jury trial. At sentencing, the State sought an enhancement through a habitual criminal adjudication. The district court decided that the operative habitual criminal statute was the statute in effect when Dawson sexually assaulted C.V. That statute required three prior felony convictions for a large habitual criminal adjudication. The district court found three qualifying convictions and therefore adjudicated Dawson as a habitual criminal, sentencing him to life in prison without the possibility of parole.
There are differences between the version of NRS 207.010(1)(b) in effect when Dawson sexually assaulted C.V. in 1997 and the one in effect when Dawson was sentenced in 2022. The former required three prior felony convictions and provided for sentences of life in prison without the possibility of parole, life in prison with the possibility of parole after 10 years, or a definite term of 25 years in prison with the possibility of parole after 10 years. 1995 Nev. Stat., ch. 630, § 26, at 2394-95; NRS 207.010(1)(b) (1995). The latter requires seven prior convictions but provides for the same sentencing options. 2019 Nev. Stat., ch. 633, § 86, at 4441; NRS 207.010(1)(b) (2019).
Dawson v. State, 140 Nev.Adv.Op. 72, 85773 (Nev. Nov 21, 2024)
On January 18, 1997, C.V. was sexually assaulted. She was approached by a man holding a knife while she was waiting at a bus stop. The man held the knife to her throat and walked her to a vacant lot, where he sexually assaulted her. Afterward, the perpetrator dumped out C.V.'s purse and walked away. C.V. underwent a sexual assault examination, but no suspect was identified, and no charges were filed.
More than 20 years later, appellant Clifton Dawson's DNA was matched to DNA in C.V.'s sexual assault examination kit. Dawson was charged with one count of sexual assault and, in 2022, was found guilty following a six-day jury trial. At sentencing, the State sought an enhancement through a habitual criminal adjudication. The district court decided that the operative habitual criminal statute was the statute in effect when Dawson sexually assaulted C.V. That statute required three prior felony convictions for a large habitual criminal adjudication. The district court found three qualifying convictions and therefore adjudicated Dawson as a habitual criminal, sentencing him to life in prison without the possibility of parole.
There are differences between the version of NRS 207.010(1)(b) in effect when Dawson sexually assaulted C.V. in 1997 and the one in effect when Dawson was sentenced in 2022. The former required three prior felony convictions and provided for sentences of life in prison without the possibility of parole, life in prison with the possibility of parole after 10 years, or a definite term of 25 years in prison with the possibility of parole after 10 years. 1995 Nev. Stat., ch. 630, § 26, at 2394-95; NRS 207.010(1)(b) (1995). The latter requires seven prior convictions but provides for the same sentencing options. 2019 Nev. Stat., ch. 633, § 86, at 4441; NRS 207.010(1)(b) (2019).
Dawson v. State, 140 Nev.Adv.Op. 72, 85773 (Nev. Nov 21, 2024)
Outcome:
Sentence vacated and case remanded for resentencing.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of The State of Nevada v. Clifton Dwayne Dawson?
The outcome was: Sentence vacated and case remanded for resentencing.
Which court heard The State of Nevada v. Clifton Dwayne Dawson?
This case was heard in Eighth Judicial District Court, Clark County, Nevada, NV. The presiding judge was Jacqueline M. Bluth.
Who were the attorneys in The State of Nevada v. Clifton Dwayne Dawson?
Plaintiff's attorney: Clark County, Nevada District Attorney's Office. Defendant's attorney: Click Here For The Best Las Vegas Criminal Defense Lawyer Directory.
When was The State of Nevada v. Clifton Dwayne Dawson decided?
This case was decided on November 21, 2024.