Opinion
No. 65724
12-23-2016
Michael Duane Colvin, Appellant, v. The State of Nevada, Respondent.
Clark County Public Defender Attorney General/Carson City Clark County District Attorney
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
ORDER GRANTING REHEARING
This court affirmed in part and reversed in part appellant's judgment of conviction, remanding for further proceedings consistent with that decision. Appellant has filed a petition for rehearing of that decision. Having considered that petition, we conclude that rehearing is warranted on one issue—appellant's challenges to his sentence for lewdness. See NRAP 40(c)(2). When we addressed appellant's challenges to his sentence for the lewdness conviction, we concluded that he had "waived these challenges " Upon further consideration, we agree with appellant that the circumstances do not clearly indicate a "waiver." See United States v. Olano , 507 U.S. 725, 734 (1993) ("[W]aiver is the intentional relinquishment or abandonment of a known right."). To correct the error, we are issuing a new dispositional order. We therefore grant the petition for rehearing in part and direct the clerk of this court to vacate the Order Affirming in Part, Reversing in Part and Remanding previously entered on August 10, 2016.
The Honorable Ron Parraguirre, Chief Justice, participated in the decision of this matter in place of the Honorable Nancy Saitta, Justice, who participated in the prior decision in this matter but retired before the petition for rehearing was filed.
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