Franko v. State

OPINION

Appellant was convicted, upon a jury verdict, of battery with intent to commit rape with use of a deadly weapon (NRS 200.400; NRS 193.165), and of robbery with use of a deadly weapon (NRS 200.380; NRS 193.165). He appeals that conviction, and the enhanced sentences imposed upon each count for use of a deadly weapon.

1. The Facts.

The incident leading to the arrest and conviction of appellant occurred at the Silver City Mini Mall in Las Vegas, where appellant was a recently-employed security guard and the victim was an employee of one of the shops. On the evening of October 4, 1976,…