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ROSE v. STATE

No. 53813.

255 P.3d 291 (2011)

Brian ROSE, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

July 21, 2011.

Attorney(s) appearing for the Case

David M. Schieck , Special Public Defender, and JoNell Thomas , Deputy Special Public Defender, Clark County, for Appellant.

Catherine Cortez Masto , Attorney General, Carson City; David Roger , District Attorney, Stephen S. Owens , Chief Deputy District Attorney, and Sonia V. Jimenez , Deputy District Attorney, Clark County, for Respondent.

Before DOUGLAS, C.J., PICKERING and HARDESTY, JJ.

OPINION

By the Court, DOUGLAS, C.J.:

In this appeal, we address whether a charge of assault with a deadly weapon merges with a charged homicide so that it cannot be used as the basis for second-degree felony murder. To maintain the narrow confines of second-degree felony murder, wherein the felonies that can be used to support a conviction are not statutorily enumerated and the use of the felony-murder rule has "the potential for untoward prosecutions...

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