Citation Codes Equivalent Citations citation codes Docket Number No. 7137 Attorney(S) Gary A. Sheerin, State Public Defender, Carson City, for Robert List, Attorney General, Carson City Robert E. Rose, District Attorney, Kathleen M. Wall, Assistant Chief Deputy District Attorney, Washoe County, for See more information ... Smart Summary Please sign up to generate summary. JACK ELMER SUMMERS, APPELLANT, v. THE STATE OF NEVADA, RESPONDENT. OPINION Per Curiam: In February, 1969, a jury found appellant guilty of first degree murder and fixed his punishment at death. In June, 1972, the United States Supreme Court held the death penalty, as commonly applied, was unconstitutional. Furman v. Georgia, 408 U.S. 238 (1972). Because of that decision, our district court held a resentencing hearing, and sentenced appellant to life imprisonment without possibility of parole. Appellant here contends that only a jury could resentence him, and that a presentence investigation report was essential to resentencing. On the basis of our prior decision in Anderson v. State, 90 Nev. 385 (1974), we affirm the district court.