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STATE v. LaPENA

No. 29429.

968 P.2d 750 (1998)

The STATE of Nevada, Appellant/Cross-Respondent, v. Frank LaPENA, Respondent/Cross-Appellant.

Supreme Court of Nevada.

December 7, 1998.

Attorney(s) appearing for the Case

Frankie Sue Del Papa, Attorney General, Carson City; Stewart L. Bell, District Attorney; and James Tufteland, Chief Deputy District Attorney, Clark County, for Appellant/Cross-Respondent.

David M. Schieck, Las Vegas, for Respondent/Cross-Appellant.

OPINION

ROSE, J.

In 1977, respondent/cross-appellant Frank LaPena was convicted of first degree murder and robbery with the use of a deadly weapon. This court reversed the conviction and remanded for a new trial. In 1989, LaPena was again convicted of first degree murder and robbery, and sentenced to life imprisonment without the possibility of parole. This court affirmed the conviction. In 1992, LaPena filed a petition for post-conviction relief (the "PCR...

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