NAY v. STATE

No. 45276.

167 P.3d 430 (2007)

Christopher Steven NAY, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

September 20, 2007.


Attorney(s) appearing for the Case

Philip J. Kohn, Public Defender, and Charles A. Cano and Scott L. Coffee, Deputy Public Defenders, Clark County, for Appellant.

Catherine Cortez Masto, Attorney General, Carson City; David J. Roger, District Attorney, and Lynn M. Robinson and James Tufteland, Chief Deputy District Attorneys, Clark County, for Respondent.

BEFORE THE COURT EN BANC.


OPINION

By the court, CHERRY, J.:

The primary issue in this appeal is whether a defendant may be found guilty of first-degree felony murder if the intent to commit the predicate enumerated felony arises after the conduct resulting in death. We answer that question in the negative and adopt the majority position that for purposes of the first-degree felony-murder statute, the intent to commit the predicate enumerated felony must have arisen before...

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