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STUBBS v. STATE

No. 28784.

972 P.2d 843 (1998)

Clifford STUBBS, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

December 30, 1998.

Attorney(s) appearing for the Case

Michael Specchio, Public Defender, John Reese Petty, Chief Deputy Public Defender, Washoe County, for appellant.

Frankie Sue Del Papa, Attorney General, Carson City; Richard Gammick, District Attorney, Terrence B. McCarthy, Deputy District Attorney, Washoe County, for respondent.

OPINION

SPRINGER, J.

Appellant Clifford Stubbs contends that the State breached a written plea agreement by calling a witness at the sentencing hearing to give victim impact testimony and by making certain comments to the sentencing judge. We agree that the prosecutor's comments were error and order a new sentencing hearing.

Pursuant to an agreement between Stubbs and the State, Stubbs pleaded guilty to first-degree murder with the use of...

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