BRASS v. STATE

No. 56146.

325 P.3d 1256 (2014)

Stephanie BRASS, as Personal Representative for Ronnie Danelle Brass, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

May 29, 2014.


Attorney(s) appearing for the Case

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

Catherine Cortez Masto , Attorney General, Carson City; Steven B. Wolfson , District Attorney, Steven S. Owens , Chief Deputy District Attorney, and David L. Stanton and Nancy A. Becker , Deputy District Attorneys, Clark County, for Respondent.

BEFORE THE COURT EN BANC.


OPINION

By the Court, DOUGLAS, J.:

In this opinion, we consider whether a judgment of conviction must be vacated and the prosecution abated when a criminal defendant dies while his or her appeal from the judgment is pending. We hold that although a deceased appellant is not entitled to have his or her judgment of conviction vacated and the prosecution abated, a personal representative may be substituted as the appellant and continue the appeal when...

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