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ROBINSON v. STATE

No. 35473.

17 P.3d 420 (2001)

Kirt Douglas ROBINSON, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

February 5, 2001.

Attorney(s) appearing for the Case

Michael R. Specchio, Public Defender, and Cheryl D. Bond, Deputy Public Defender, Washoe County, for Appellant.

Frankie Sue Del Papa, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Joseph R. Plater III, Deputy District Attorney, Washoe County, for Respondent.

Before SHEARING, AGOSTI and LEAVITT, JJ.

OPINION

LEAVITT, J.:

At issue in this case is whether the term "prisoner" as defined in NRS 193.022 applies to persons placed in civil protective custody. We hold that the term "prisoner" only applies to individuals in custody for criminal conduct, and not to persons in civil protective custody. Therefore, the district court erroneously convicted appellant for battery by a prisoner while he was in the civil protective custody of the Washoe County...

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