173.095 - Amendment; notice of habitual criminality, habitually fraudulent felon or habitual felon.
173.095 Amendment; notice of habitual criminality, habitually fraudulent felon or habitual felon.
1. The court may permit an indictment or information to be amended at any time before verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.
2. If an indictment is found charging a primary offense upon which a charge of habitual criminality may be based, the prosecuting attorney may file a notice of habitual criminality with the court. If an indictment is found charging a primary offense upon which a charge of:
(a) Habitually fraudulent felon may be based, the prosecuting attorney shall file a notice of habitually fraudulent felon with the court.
(b) Habitual felon may be based, the prosecuting attorney shall file a notice of habitual felon with the court.
3. The court shall permit an information to be amended pursuant to subsection 4 of NRS 173.035.
(Added to NRS by 1967, 1413; A 1985, 1026; 1993, 82; 1995, 857, 1245)
NRS 173.105 Charging defendant by fictitious or erroneous name: Insertion of true name. When a defendant is charged by a fictitious or erroneous name, and in any stage of the proceedings the defendant’s true name is discovered, it must be inserted in the subsequent proceedings referring to the fact of the defendant’s being charged by the name mentioned in the indictment or information.
(Added to NRS by 1967, 1413)