Las Vegas Sun

November 15, 2009

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Reduced charges for beating death are under appeal

Monday, March 20, 2000 | noon

Waters has asked Carson District Judge Michael Fondi not to take the case to trial until the Nevada Supreme Court considers the appeal of the Feb. 18 ruling.

Fondi's ruling reduced charges against 10 people accused of killing Sammy Resendiz, 25, at a Carson City motel from first-degree to second-degree murder.

Waters' appeal asks the Supreme Court to rule on a never-before-tested Nevada law that increases murder charges to first degree when a slaying is alleged during the commission of a burglary.

Fondi's ruling is based on a California case, which says that state's murder rule cannot be applied to this type of case.

No trial date has been set for the 10 defendants, all of whom are out on bail.

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