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APARICIO v. STATE

No. 80072.

496 P.3d 592 (2021)

137 Nev. Adv. Opn. 62

Henry Biderman APARICIO, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

Filed October 7, 2021.

Attorney(s) appearing for the Case

Nevada Defense Group and Kelsey Bernstein and Damian Sheets , Las Vegas, for Appellant.

Aaron D. Ford , Attorney General, Carson City; Steven B. Wolfson , District Attorney, and Alexander Chen and Jonathan E. VanBoskerck , Chief Deputy District Attorneys, Clark County, for Respondent.

Aaron D. Ford , Attorney General, Heidi Parry Stern , Solicitor General, and Jeffrey M. Conner , Deputy Solicitor General, Carson City, for Amicus Curiae Office of the Attorney General.

Darin F. Imlay , Public Defender, and Deborah L. Westbrook , Chief Deputy Public Defender, Clark County, for Amicus Curiae Clark County Public Defender.

John L. Arrascada , Public Defender, John Reese Petty , Chief Deputy Public Defender, and Kendra G. Bertschy , Deputy Public Defender, Washoe County, for Amicus Curiae Washoe County Public Defender's Office.

Rene L. Valladares , Federal Public Defender, and Randolph M. Fiedler , Assistant Federal Public Defender, Las Vegas; Las Vegas Defense Group and Charles R. Goodwin , Las Vegas, for Amicus Curiae Nevada Attorneys for Criminal Justice.

BEFORE THE SUPREME COURT, EN BANC.

OPINION

Article 1, Section 8A of the Nevada Constitution, also known as Marsy's Law, and NRS 176.015 both afford a victim the right to be heard at sentencing. The provisions differ, however, in their definitions of "victim." Marsy's Law defines "victim" as "any person directly and proximately

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