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STATE v. CONTRERAS

No. 35800.

46 P.3d 661 (2002)

118 Nev. 332

The STATE of Nevada, Appellant, v. Julian C. CONTRERAS, Clint Garett Malone, Rocky Neil Boice, Jr., Frederick Gene Fred, Lew Robert Dutchy, Jessica Evans, Jaron Malone, Elvin Lee Fred, Sylvia Joy Fred, and Michael Kizer, Respondents.

Supreme Court of Nevada.

May 15, 2002.

Attorney(s) appearing for the Case

Frankie Sue Del Papa, Attorney General, Carson City, Noel S. Waters, District Attorney, Matthew L. Jensen, Deputy District Attorney, Carson City, for appellant.

Allison W. Joffee, Carson City, for respondent, Rocky Neil Boice, Jr.

Crowell Susich Owen & Tackes, Carson City, for respondent, Michael Kizer.

Fred Hill Atcheson, Reno, for respondent, Frederick Gene Fred.

John E. Oakes, Reno, for respondent, Jessica Evans.

Laurence Peter Digesti, Reno, for respondent, Clint Garett Malone.

Loren Graham, Stateline, for respondent, Elvin Lee Fred.

Nathan Tod Young, Minden, for respondent, Lew Robert Dutchy.

Paul E. Quade, Reno, for respondent, Sylvia Joy Fred.

Robert B. Walker, Carson City, for respondent, Julian C. Contreras.

Steven L. Sexton, Reno, for respondent, Jaron Malone.

BEFORE THE COURT EN BANC.

OPINION

BECKER, J.

The State appeals from a district court pretrial order granting respondents' motion to dismiss a first-degree felony-murder charge. The district court dismissed that part of the information charging first-degree murder under the felony-murder rule. The district court held that a felony-murder charge is inappropriate when the underlying felony is a burglary committed with the intent to commit a battery. We reverse the district court...

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