PECK v. STATE

No. 32031.

7 P.3d 470 (2000)

Frank M. PECK, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

August 24, 2000.


Attorney(s) appearing for the Case

Amesbury & Schutt, Las Vegas; Law Offices of Lloyd Douglas Dix, LLP, and Julius A. Dix, Calabasas, California, for Appellant.

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

BEFORE THE COURT EN BANC.


OPINION

LEAVITT, J.:

Appellant Frank M. Peck was convicted of two counts of sexual assault. His defense at trial was that the sexual encounter with the victim was consensual. On appeal he asserts that the district court erred by: (1) failing to instruct the jury on the lesser-included offense of battery with intent to commit sexual assault and the lesser-related crimes of indecent exposure and open or gross lewdness; (2) denying his motion to suppress...

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