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CARBONNEAU v. WARDEN OF NEVADA STATE PRISON

No. 12635.

659 P.2d 875 (1983)

James R. CARBONNEAU, Appellant, v. WARDEN OF the NEVADA STATE PRISON, Respondent.

Supreme Court of Nevada.

March 10, 1983.

Attorney(s) appearing for the Case

Michael K. Powell, Carson City, for appellant.

Brian McKay, Atty. Gen., Robert C. Manley, Charles P. Cockerill, Deputy Dist. Attys., Carson City, for respondent.

OPINION

SPRINGER, Justice:

In Carbonneau v. Warden, 97 Nev. 489, 634 P.2d 1197 (1981), we held that petitioner waived any defense of double jeopardy by failing to raise it in the district court.

On petition for rehearing our attention is called to the fact that petitioner Carbonneau did bring a motion to dismiss the criminal information although such motion did not appear in the record at the time our original...

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