State high court overturns felony conviction, cites double jeopardy

CARSON CITY — The Nevada Supreme Court on Thursday reversed a felony conviction of a man who led a sheriff’s deputy on a chase through the streets of Wells while driving an all-terrain vehicle.

Justices said the conviction of Justin Patrick Kelley for felony eluding a police officer amounted to double jeopardy because the elements of the crime were included in a lesser offense of reckless driving.

According to court records, a deputy noticed Kelley driving the ATV without brake lights or turn signals on Feb. 8, 2014. The deputy followed Kelley, who then drove on the left side of the road facing oncoming traffic. Kelley failed to stop when the deputy activated his lights and siren and a chase ensued before Kelley stopped.

He was arrested and charged with eluding a police officer — a felony — and reckless driving, which is a misdemeanor.

Kelley pleaded no contest to reckless driving, then sought to have the felony charge dismissed on the basis of double jeopardy, which says a person cannot be tried or punished multiple times for the same offense without clear authorization from the Legislature.

A state judge rejected his argument, and Kelley pleaded guilty to the eluding charge while pursuing an appeal to the Nevada high court.

In a three-judge opinion written by Justice Michael Douglas, the Supreme Court agreed with Kelley who argued that because he was already convicted of the lesser offense of reckless driving, he could not be convicted of the felony because both crimes contain the same elements.

Both crimes involve driving a vehicle in a manner that endangers or is in willful disregard for the safety of others.

“Because the offense of reckless driving is a lesser included offense of felony eluding as charged in this case, Kelley could not be punished for both crimes,” justices said.

Contact Sandra Chereb at schereb@reviewjournal.com or 775-461-3821. Find @SandraChereb on Twitter.