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O'NEILL v. STATE

No. 45880.

153 P.3d 38 (2007)

Christopher Sound O'NEILL, AKA Christopher Sound Logan, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

March 8, 2007.

Attorney(s) appearing for the Case

Jeremy T. Bosler, Public Defender, and Cheryl D. Bond, Deputy Public Defender, Washoe County, for Appellant.

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

Franny A. Forsman, Federal Public Defender, and John C. Lambrose, Assistant Federal Public Defender, Las Vegas, for Amicus Curiae.

Before the Court En Banc.

OPINION

MAUPIN, C.J.

This appeal presents the issue of whether the Nevada habitual offender statute, NRS 207.010, as interpreted by this court, violates the United States Supreme Court's decision in Apprendi v. New Jersey1 by requiring "judicial fact-finding" beyond the mere fact of prior convictions. We conclude that the habitual offender statute does not violate Apprendi and therefore affirm the district...

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