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MAHAN v. STATE

No. 17715.

752 P.2d 208 (1988)

Daniel Ray MAHAN, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

March 30, 1988.

Attorney(s) appearing for the Case

David Parraguirre, Public Defender, and David A. Cass, Deputy Public Defender, for appellant.

Brian McKay, Atty. Gen., Carson City, Mills Lane, Dist. Atty., and Gary H. Hatlestad, Deputy Dist. Atty., for respondent.

OPINION

PER CURIAM:

Appellant Daniel Ray Mahan was convicted of robbery with use of a deadly weapon and battery with use of a deadly weapon. On appeal, Mahan contends he was denied a fair trial due to prosecutorial misconduct. Although we do not agree with Mahan's characterization of misconduct by the prosecutor, the practical equivalent of misconduct did occur and deprive Mahan of a fair trial. We therefore reverse and remand for a new trial.

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