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BEJARANO v. STATE

No. 44297.

146 P.3d 265 (2006)

John BEJARANO, a/k/a Juan Munoz, a/k/a John Bejarno, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

November 16, 2006.

Attorney(s) appearing for the Case

Franny A. Forsman, Federal Public Defender, and David S. Anthony, Assistant Federal Public Defender, Las Vegas, for Appellant.

George Chanos, 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.

OPINION

ROSE, C.J.

In this appeal, we decide whether this court's 2004 decision in McConnell v. State1 retroactively applies to appellant John Bejarano's final conviction and sentence of death. We hold that McConnell set forth a new rule of substantive law that must be given retroactive application.

Applying our holding to Bejarano's case, we conclude that the robbery felony aggravator found by the...

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