Carbonneau v. Warden of the Nevada State Prison

*173OPINION

By the Court,

Springer, J.:

In Carbonneau v. Warden, 97 Nev. 489, 634 P.2d 1197 (1981), we held that petitioner waived any defense of double jeopardy by failing to raise it in the district court.

On petition for rehearing our attention is called to the fact that petitioner Carbonneau did bring a motion to dismiss the criminal information although such motion did not appear in the record at the time our original opinion was issued in this case. Under these circumstances we have decided to grant rehearing, to withdraw the original opinion issued in this matter and to address now the…