Motion to Dismiss Appeal As Moot Cases

Nevada court has concluded that an appeal in a misdemeanor or gross misdemeanor case was rendered moot by satisfaction of a fine or completion of a defendant's sentence. Bryan v. State, 78 Nev. 38, 368 P.2d 672 (1962); State v. Cohen, 45 Nev. 266, 201 P. 1027 (1921); see also State v. Pray, 30 Nev. 206, 94 P. 218 (1908). This court concluded that no effective relief would accrue from reversal of the defendant's conviction if the fine had been paid or the sentence served. See Bryan, 78 Nev. at 39-40, 368 P.2d at 672; Cohen, 45 Nev. at 272-73; 201 P. at 1029; Pray, 30 Nev. at 220, 94 P. at 220. More recently, however, this court has recognized that criminal convictions carry with them certain collateral consequences. See Hughes v. State, 112 Nev. 84, 910 P.2d 254 (1996); see also Angle v. State, 113 Nev. 757, 761 n.1, 942 P.2d 177, 180 n.1 (1997); Arterburn v. State, 111 Nev. 1121, 1124 n.1, 901 P.2d 668, 670 n.1 (1995). For example, even a gross misdemeanor conviction may impact penalty considerations in a subsequent criminal action. Hughes, 112 Nev. at 87, 910 P.2d at 255. Our recent holdings are consistent with the decisions of the United States Supreme Court which have recognized that it is an "obvious fact of life that most criminal convictions do in fact entail adverse collateral legal consequences." Sibron v. New York, 392 U.S. 40, 55, 20 L. Ed. 2d 917, 88 S. Ct. 1889 (1968) (quoted in Spencer v. Kemna, 523 U.S. 1, 12, 140 L. Ed. 2d 43, 118 S. Ct. 978 (1998)). Consequently, we expressly overrule Bryan, Cohen, and Pray to the extent that they hold that satisfaction of a fine or completion of a sentence renders a timely appeal from a criminal conviction moot. We recognize, however, that completion of a defendant's sentence may render a challenge to the sentence itself moot. See generally Johnson v. Director, Dep't Prisons, 105 Nev. 314, 316, 774 P.2d 1047, 1049 (1989) (stating that expiration of a defendant's sentence rendered any question concerning computation of the sentence moot).