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BERRY v. STATE

No. 49709.

212 P.3d 1085 (2009)

Durand Eugene BERRY, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

July 30, 2009.

Attorney(s) appearing for the Case

Philip J. Kohn, Public Defender, and Lauren Diefenbach and Nancy Lemcke, Deputy Public Defenders, Clark County, for Appellant.

Catherine Cortez Masto, Attorney General, Carson City; David J. Roger, District Attorney, Steven S. Owens, Chief Deputy District Attorney, and Ercan E. Iscan, Deputy District Attorney, Clark County, for Respondent.

Before the Court En Banc.

OPINION

By the Court, HARDESTY, C.J.:

A jury convicted appellant Durand Eugene Berry of burglary while in possession of a deadly weapon, robbery with use of a deadly weapon, and one count of open and gross lewdness. In this opinion, we address three of the issues Berry raises on appeal and their accompanying subissues.

First, we consider Berry's challenges to the district court's jury instructions defining "deadly weapon" for purposes of the...

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