State v. Contreras
Nevada Supreme Court
46 P.3d 661 (2002)
- Written by Carolyn Strutton, JD
Facts
Evans was in an altercation at the Roundhouse Motel in Carson City, Nevada, with Samuel Resendiz and Carlos Lainez. The police were called and ended the incident. Later that evening, however, Evans, Contreras, and others (the perpetrators) (defendants) returned to the motel armed with clubs. After knocking on Resendiz and Lainez’s door, they burst in and beat the two men. Resendiz later died from his injuries. The perpetrators were charged with murder based on two alternative theories, second-degree murder and first-degree felony murder based on the predicate felony of burglary, as well as other charges. The perpetrators filed a motion to dismiss the first-degree felony-murder charge based on the felony-murder merger doctrine. The district court granted the motion, and the prosecution appealed.
Rule of Law
Issue
Holding and Reasoning (Becker, J.)
Dissent (Shearing, J.)
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