Allen v. State

OPINION

A jury convicted appellant of first degree murder for the shooting of Tony Lynn Sylvester during the course of a burglary at the Sylvester home. The same jury also sentenced appellant to death. For reasons hereinafter set forth, we affirm conviction, but reverse the sentence and remand the case for re-sentencing.

Appellant first contends that his trial was seriously infected with error by the admission of expert medical testimony. During appellant’s trial, Richard Renner, the senior criminalist for the Las Vegas Metropolitan Police Department, testified that he had made a comparison of…