Opinion
No. 60725
05-13-2013
ELDER ZACARIAS-LOPEZ, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from an amended judgment of conviction, pursuant to a jury verdict, of first-degree murder with the use of a deadly weapon. Eighth Judicial District Court, Clark County; Jessie Elizabeth Walsh, Judge.
Appellant claims that the district court erred by imposing sentence for the deadly weapon enhancement pursuant to the version of NRS 193.165 in effect at the time he committed his crime rather than pursuant to the version in effect at the time of his resentencing. Because "the proper penalty is the penalty in effect at the time of the commission of the offense and not the penalty in effect at the time of sentencing," State v. Second Judicial Dist. Court (Pullin), 124 Nev. 564, 567, 188 P.3d 1079, 1081 (2008), the district court did not err by imposing an equal and consecutive prison term of 20 to 50 years for the deadly weapon enhancement, see 2007 Nev. Stat., ch. 525, § 13, at 3188. We decline appellant's invitation to reconsider our decision in Pullin, and we
ORDER the amended judgment of conviction AFFIRMED.
_________________, J.
Gibbons
_________________, J.
Douglas
_________________, J.
Saitta
cc: Hon. Jessie Elizabeth Walsh, District Judge
Oronoz & Ericsson
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk