IN THE SUPREME COURT OF THE STATE OF NEVADA

CHRISTOPHER SPERKE, No. 67319 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED OCT 1 3 2016 ELIZABE111 A. BROWN CLERK 9f SUPREME COURT

ORDER OF REVERSAL AND REMAND This is an appeal from a judgment of conviction, pursuant to a jury verdict, for first-degree arson. Eighth Judicial District Court, Clark County; Douglas Smith, Judge.

Appellant Christopher Sperke contends that the district court committed structural error when it failed to comply with NRS 16.030(5) and administer the oath to the jury venire before voir dire. We agree. We recently held in Barral v. State, 131 Nev., Adv. Op. 52, 353 P.3d 1197, 1200 (2015), cert. denied, 136 S. Ct. 2542 (2016), that failure to administer the oath to potential jurors pursuant to NRS 16.030(5) is structural error requiring reversal. Because the district court did not comply with NRS 16.030(5), we

SUPREME COURT OF NEVADA

(0) I947A 44g044 (0-31 q0 ORDER the judgment of conviction REVERSED AND REMAND this matter to the district court for a new trial."

Gibbons

cc: Hon. Douglas Smith, District Judge Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

'Because we reverse Sperke's conviction on the ground that the district court committed structural error, we decline to address the other issues in this appeal.

SUPREME COURT OF NEVADA (0) 1947A cer.