Hernandez v. State

*981OPINION

By the Court,

Maupin, J.:

In this appeal, we consider whether we should extend the holding in our decision in McConnell v. State1 to bar the dual use of torture as a theory of first-degree murder and as an aggravating circumstance to support a death sentence. We conclude that McConnell does not preclude the State from securing a murder conviction based upon a theory of torture and alleging torture as an aggravating circumstance in seeking a death sentence. Nevada’s definition of torture murder sufficiently narrows the class of persons eligible for the death penalty to allow the dual use…