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MOORE v. STATE

No. 34939.

27 P.3d 447 (2001)

Ryan Oshun MOORE, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

July 25, 2001.

Attorney(s) appearing for the Case

Michael R. Specchio, Public Defender, John Reese Petty, Chief Deputy 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 Terrence P. McCarthy and Gary H. Hatlestad, Deputy District Attorneys, Washoe County, for Respondent.

Before SHEARING, AGOSTI and ROSE, JJ.

OPINION

PER CURIAM:

To resolve this appeal, we must decide whether a sentence for the crime of conspiracy may be enhanced under NRS 193.165(1), the deadly weapon enhancement. We conclude that the district court erred by enhancing Moore's sentence because Moore did not "use" a deadly weapon to commit the crime of conspiracy as NRS 193.165(1) contemplates.

FACTS

In February of 1998, Ryan Oshun Moore conspired with three others...

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