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ANDERSON v. STATE

No. 42289.

118 P.3d 184 (2005)

Arnold Dean ANDERSON, A/K/A Dean Arnold Anderson, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

August 25, 2005.

Attorney(s) appearing for the Case

Steven G. McGuire, State Public Defender, and Harriet E. Cummings, Deputy Public Defender, Carson City, for Appellant.

Brian Sandoval, Attorney General, Carson City; Richard W. Sears, District Attorney, and Kevin R. Briggs, Deputy District Attorney, White Pine County, for Respondent.

Before MAUPIN, DOUGLAS and PARRAGUIRRE, JJ.

OPINION

MAUPIN, J.

In this case we consider whether a trial jury may properly convict a defendant charged with driving under the influence of intoxicants based upon alternate theories of criminality. We also consider whether prosecutorial misconduct requires reversal of a conviction based upon conflicting evidence.

FACTS AND PROCEDURAL HISTORY

On May 12, 2001, at approximately 4:30 in the afternoon, Nevada Highway Patrol Troopers...

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