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90 Nev. 460

Summers v. State

Nevada Supreme Court

Decided December 27, 1974

Nevada Supreme Court · decided 1974-12-27

Cited by 2 later decisions — most recently February 1984

2 state decisions

Relies on Furman v. Georgia · Anderson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1974-12-27

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¶1OPINION

Per Curiam:

¶2In February, 1969, a jury found appellant guilty of first degree murder and fixed his punishment at death. In June, 1972, the United States Supreme Court held the death penalty, as commonly applied, was unconstitutional. Furman v. Georgia, 408 U.S. 238 (1972). Because of that decision, our district court held a resentencing hearing, and sentenced appellant to life imprisonment without possibility of parole.

¶3Appellant here contends that only a jury could resentence him, and that a presentence investigation report was essential to resentencing..On the basis of our prior decision in Anderson v. State, 90 Nev. 385 (1974), we affirm the district court.

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