128 P.3d 469 (2006) Willie HERMAN, Appellant, v. The STATE of Nevada, Respondent. No. 43214. Supreme Court of Nevada. February 23, 2006. Rehearing Denied April 18, 2006. *470 Karla K. Butko, Reno, for Appellant. George Chanos, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Joseph R. Plater III, Deputy District Attorney, Washoe County, for Respondent. Before ROSE, C.J., DOUGLAS and PARRAGUIRRE, JJ. OPINION PER CURIAM. In this appeal, we consider whether DNA evidence voluntarily submitted to a public facility to absolve a defendant of a crime may be used in an unrelated criminal prosecution. We also consider whether reading a presentence report to a sentencing jury is error when the report cannot be made part of the public record. We conclude that the DNA evidence was properly admitted and that the presentence report was improperly read to the jury. We affirm Herman's first-degree murder conviction, but we reverse and remand the matter for a new sentencing phase. FACTS A jury convicted appellant Willie Herman of the first-degree murder of Leslie Carter. In 1997, Carter was found dead in the women's bathroom of Wingfield Park in downtown Reno. Carter's pants were pulled off her right leg and half way down her left leg indicating possible sexual assault. Seven dollars were found in her pants pocket, but many of her other personal belongings were strewn about the bathroom floor. It was clear from Carter's injuries that she had been subject to a violent offense. The authorities located a strand of Herman's hair on the partition in the bathroom. Blood that was not Carter's was found on the toilet seat, partition and bathroom wall. Carter's pants also contained blood splatters. The blood evidence was tested in 1997 for a DNA match, but no match was obtained. The blood from the pants was retested in 2000 and matched Herman's DNA profile. The DNA sample utilized to tie Herman to the murder was obtained when he was charged with robbery in 1999. To acquit himself of this charge, Herman voluntarily submitted a blood sample through his public defender. The sample was tested at the *471 Washoe County Crime Lab, and after a jury trial, aided in Herman's acquittal of the robbery charge. After the trial, the district court ordered "that all property taken from Willie Herman, including cash money, held by any law enforcement agency shall be immediately made available for pick up by Willie Herman." Herman, however, was unable to collect his property because he was incarcerated for an unrelated offense, and his attorney made no effort to collect his property for him. Herman's DNA results were entered into a criminal database without his knowledge or permission. In 2000, the authorities retested the blood evidence found at Carter's murder scene and matched it to Herman's DNA. After the test confirmed Herman's blood was at the scene, he became the focus of the murder investigation. Herman was incarcerated at the time at the Lovelock Correctional Center for possession of a controlled substance. In …
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