proof offered to establish the crimes." Brown v. Ohio, 432 U.S. 161, 166
(1977) (internal quotation omitted). Therefore, convictions for both do not
violate the proscriptions against double jeopardy. See Blockb urger v.
United States, 284 U.S. 299, 304 (1932) (establishing an elements test for
double jeopardy purposes); Jackson v. State, 128 Nev. „ 291 P.3d
1274, 1278 (2012), petition for cert. filed, 81 U.S.L.W. (U.S. Mar. 5, 2013)
(No. 12-9118); see also State of Nevada v. Eighth Judicial Dist. Court, 116
Nev. 127, 135 & 136 n.7, 994 P.2d 692, 697 & n.7 (2000) (DUI and "traffic
code infractions occurring during the same driving episode" each require
proof of an element the other does not and are not the same offenses under
Blockburger). We conclude that the district court did not err by rejecting
Anderson's claim or abuse its discretion by denying his motion to dismiss.
See Hill v. State, 124 Nev. 546, 550, 188 P.3d 51, 54 (2008) (we review a
district court's denial of a motion to dismiss for an abuse of discretion).
Accordingly, we
ORDER the judgment of conviction AFFIRMED.'
Gibbons
Douglas Saitta
'The fast track response submitted by the State uses an improper
typeface, 11-point Anal, and therefore fails to comply with NRAP 32(a)(5).
Counsel for the State is cautioned that the failure to comply with the
briefing requirements in the future may result in the imposition of
sanctions. See NRAP 3C(n).
SUPREME COURT
OF
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cc: Hon. Robert W. Lane, District Judge
Gibson Law Group
Nye County District Attorney
Attorney General/Carson City
Nye County Clerk
SUPREME COURT
OF
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