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HOLBROOK v. STATE

No. 7007.

518 P.2d 1242 (1974)

Michael Ray HOLBROOK, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

February 12, 1974.

Attorney(s) appearing for the Case

Gary A. Sheerin, State Public Defender, Carson City, for appellant.

Robert List, Atty. Gen., Carson City, Ronald T. Banta, Dist. Atty., Yerington, for respondent.

OPINION

THOMPSON, Chief Justice:

The appellant, convicted of the theft of an automobile, asks that we annul his conviction on the ground that the trial court refused to instruct the jury regarding the lesser offense of tampering with a vehicle. He contends that the misdemeanor of tampering, NRS 205.274(2), is included within the felony of grand larceny, NRS 205.220. Moreover, he challenges the sentence imposed.

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