Labastida v. State

OPINION ON REHEARING

In Labastida v. State, 112 Nev. 1502, 931 P.2d 1334 (1996), this court affirmed appellant Kriseya J. Labastida’s judgment of conviction of one count of second degree murder and one count of felony child neglect. Labastida was sentenced to serve a term of life in the Nevada State Prison with the possibility of parole for the murder and a consecutive term of twenty years for child neglect. Labastida has petitioned this court for rehearing. The state opposes the petition. As discussed below, we conclude that the prior majority opinion misapprehended material matters of fact…