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WALKER v. STATE

No. 22968.

876 P.2d 646 (1994)

Dannie Ray WALKER, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

July 1, 1994.

Attorney(s) appearing for the Case

Morgan D. Harris, Public Defender, and Stephen J. Dahl, Deputy Public Defender, Clark County, for appellant.

Frankie Sue Del Papa, Atty. Gen., Carson City, Rex Bell, Dist. Atty., and James Tufteland and Ulrich W. Smith, Deputy Dist. Attys., Clark County, for respondent.

OPINION

ROSE, Chief Justice.

Appellant Dannie Ray Walker (Walker) was convicted of three counts of attempted murder with the use of a deadly weapon for firing shots at three rival gang members in a gas station parking lot. At trial, Walker requested that the jury be instructed as to the offense of assault with the use of a deadly weapon, and the district court refused. We conclude that the district court erred in declining to instruct the jury as...

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