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GAXIOLA v. STATE

No. 42258.

119 P.3d 1225 (2005)

Jose GAXIOLA, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

September 22, 2005.

Attorney(s) appearing for the Case

Philip J. Kohn, Public Defender, and Amy Dreifus Coffee, R. Roger Hillman, and Gary H. Lieberman, Deputy Public Defenders, Clark County, for Appellant.

Brian Sandoval, Attorney General, Carson City; David J. Roger, District Attorney, James Tufteland, Chief Deputy District Attorney, and Thomas M. Carroll, Deputy District Attorney, Clark County, for Respondent.

Before BECKER, C.J., MAUPIN and PARRAGUIRRE, JJ.

OPINION

BECKER, C.J.

Appellant Jose Gaxiola was charged with and convicted of five counts of sexual assault of a minor under the age of fourteen years and two counts of lewdness with a child under the age of fourteen years. On appeal, he asserts the following assignments of error: (1) NRS 51.385, which allows admission of a child sexual assault victim's statements to third parties, violates the Confrontation

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