ROSAS v. STATE

No. 43691.

147 P.3d 1101 (2006)

Carlos Mendez ROSAS, A/K/A Carlos Mendez-Rosas, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

December 21, 2006.


Attorney(s) appearing for the Case

Nathalie Huynh, Reno, for Appellant.

George Chanos, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Terrence P. McCarthy, Deputy District Attorney, Washoe County, for Respondent.

Before the Court En Banc.


OPINION

PER CURIAM.

At his trial for battery upon an officer, appellant Carlos Mendez Rosas sought jury instructions on a lesser-included offense and on self-defense. Though State and defense witnesses presented some evidence to support both theories, the district court rejected the proffered instructions. This was error.

Pursuant to Nevada statutory and case law, a defendant may be convicted of a lesser offense that is necessarily included...

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