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VALDEZ v. STATE

No. 49541.

196 P.3d 465 (2008)

James Menor VALDEZ, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

November 26, 2008.

Attorney(s) appearing for the Case

JoNell Thomas, Las Vegas; Cristalli & Saggese, Ltd., and Michael V. Cristalli, Las Vegas, for Appellant.

Catherine Cortez Masto, Attorney General, Carson City; David J. Roger, District Attorney, James Tufteland, Chief Deputy District Attorney, and William D. Kephart, Deputy District Attorney, Clark County, for Respondent.

BEFORE THE COURT EN BANC.

OPINION

By the Court, HARDESTY, J.

A jury convicted appellant James Valdez of first-degree murder with the use of a deadly weapon and attempted murder with the use of a deadly weapon. Contrary to constitutional and statutory procedures requiring a separate penalty trial, when the jury returned the guilty verdict, it also announced that it had decided the sentence. Valdez subsequently agreed to waive his right...

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