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GEARY v. STATE

No. 24277.

952 P.2d 431 (1998)

Melvin Joseph GEARY, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

January 22, 1998.

Attorney(s) appearing for the Case

Steven G. McGuire, State Public Defender, James P. Logan, Chief Appellate Deputy Public Defender, and Timothy P. O'Toole, Appellate Deputy Public Defender, Carson City, for Appellant.

Frankie Sue Del Papa, Attorney General, Carson City; Richard A. Gammick, District Attorney, David Wayment, Deputy District Attorney, and Terrence P. McCarthy, Deputy District Attorney, Washoe County, for Respondent.

OPINION ON REHEARING

PER CURIAM:

In July 1992, Geary confessed to murdering his roommate Edward Theodore Colvin by stabbing him with a boning knife. Subsequently, the jury found Geary guilty of first degree murder.

At the penalty hearing, the prosecutor presented evidence to support three aggravating factors: (1) the murder was committed by a person under sentence of imprisonment, NRS 200.033(1); (2) the murder was committed by a person who...

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