Moore v. State

OPINION

To resolve this appeal, we must decide whether a sentence for the crime of conspiracy may be enhanced under NRS 193.165(1), the deadly weapon enhancement. We conclude that the district court erred by enhancing Moore’s sentence because Moore did not “use” a deadly weapon to commit the crime of conspiracy as NRS 193.165(1) contemplates.

FACTS

In February of 1998, Ryan Oshun Moore conspired with three others to rob the occupants of an apartment at gunpoint. While carrying out the armed robbery, one of the conspirators shot and killed a man who the conspirators believed was delivering drugs…