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DANIELS v. STATE

No. 32453.

988 P.2d 791 (1999)

Alan Dean DANIELS, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

November 29, 1999.

Attorney(s) appearing for the Case

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

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

BEFORE ROSE, C.J., and YOUNG and LEAVITT, JJ.

OPINION

PER CURIAM.

SUMMARY

The issue of whether or not this court's decision in Miller v. State, 113 Nev. 722, 941 P.2d 456 (1997), applies to subsequent probation revocation hearings is one of first impression. Our decision in Miller held that incarceration cannot be a condition of probation for a category E felon. This issue arose after the district court revoked Alan Dean Daniels...

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