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BROOKS v. STATE

No. 46733.

180 P.3d 657 (2008)

Jamon BROOKS, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

April 3, 2008.

Attorney(s) appearing for the Case

Philip J. Kohn, Public Defender, and Bita Khamsi and Sharon G. Dickinson, Deputy Public Defenders, Clark County, for Appellant.

Catherine Cortez Masto, Attorney General, Carson City; David J. Roger, District Attorney, and Samuel G. Bateman and Nancy A. Becker, Deputy District Attorneys, Clark County, for Respondent.

BEFORE HARDESTY, PARRAGUIRRE and DOUGLAS, JJ.

OPINION

PER CURIAM:

The primary issue in this appeal is whether the district court erred in refusing to instruct the jury what it was required to find to subject an unarmed offender to the deadly weapon enhancement in accordance with Anderson v. State.1 Although appellant Jamon Brooks' proposed deadly weapon enhancement instruction was a correct statement of the law, we take this opportunity to clarify the test...

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