FUNDERBURK v. STATE

No. 49198.

212 P.3d 337 (2009)

Samaja FUNDERBURK, a/k/a Samaja Elvis Funderburk, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

July 30, 2009.


Attorney(s) appearing for the Case

Amesbury & Schutt and John P. Parris, David C. Amesbury, and Sandra L. Stewart, Las Vegas, for Appellant.

Catherine Cortez Masto, Attorney General, Carson City; David J. Roger, District Attorney, Steven S. Owens and Nancy A. Becker, Chief Deputy District Attorneys, and Danielle K. Pieper, Deputy District Attorney, Clark County, for Respondent.

BEFORE THE COURT EN BANC.


OPINION

By the Court, HARDESTY, C.J.:

In this appeal, we address an issue of first impression: whether the definitions of "deadly weapon" set forth in NRS 193.165(6) are instructive on what constitutes a "deadly weapon" for burglary while in possession of a deadly weapon under NRS 205.060(4). Because the Legislature intended the definition of "deadly weapon" to be broad for purposes of NRS 205.060(4), we conclude that NRS 193.165(6)'s definitions...

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