MACK v. STATE

No. 40164.

75 P.3d 803 (2003)

Daryl Linnie MACK, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

September 8, 2003.


Attorney(s) appearing for the Case

Michael R. Specchio, Public Defender, and John Reese Petty, Chief Deputy Public Defender, Washoe County, for Appellant.

Brian Sandoval, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Gary H. Hatlestad, Deputy District Attorney, Washoe County, for Respondent.

BEFORE THE COURT EN BANC.


OPINION1

PER CURIAM:

Appellant Daryl Linnie Mack does not challenge his conviction of first-degree murder but claims that his death sentence was determined by a three-judge panel in violation of his constitutional right to a jury trial. We conclude that Mack's claim lacks merit because he requested a bench trial and waived his right to a jury trial.

FACTS

On the night of October 28, 1988, Betty...

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