State v. Bennett

*593OPINION

By the Court,

Agosti, C. J.:

In 1988, Edward Gordon Bennett and his accomplice Joseph Beeson attempted to rob a clerk at a Stop N’ Go Market in Las Vegas. Bennett shot and killed the clerk, and Beeson shot but did not kill a customer. Bennett was convicted of murder and sentenced to death. Bennett unsuccessfully sought relief on direct appeal and in a prior post-conviction proceeding. In this second post-conviction proceeding, the district court granted Bennett’s petition in part by vacating his death sentence and granting him a new penalty hearing. The State appeals from that part of…