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MAIOLA v. STATE

No. 39440.

99 P.3d 227 (2004)

James J. MAIOLA, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

October 26, 2004.

Attorney(s) appearing for the Case

Philip J. Kohn, Public Defender, and Sharon G. Dickinson, Deputy Public Defender, Clark County, for Appellant.

Brian Sandoval, Attorney General, Carson City; David J. Roger, District Attorney, James Tufteland, Chief Deputy District Attorney, and Marc P. DiGiacomo and Lawrence James O'Neale, Deputy District Attorneys, Clark County, for Respondent.

Before SHEARING, C.J., BECKER and GIBBONS, JJ.

OPINION ON REHEARING

PER CURIAM.

We previously issued an opinion in this matter on January 15, 2004. After respondent petitioned for rehearing, we withdrew that opinion while we considered the petition for rehearing. We now grant the petition for rehearing1 and issue this opinion in place of our prior opinion. On rehearing, we reach the same conclusion as in our prior opinion but for different reasons.

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