Berry (Robert) v. State

• Court: Nevada Supreme Court
• Decided: October 19, 2015
• Docket: 66225
• Status: Unpublished

Opinion

the store clerk is Indian. We reject appellant's contention that the tribal members, as owners of Fox Peak Station, were victims of the attempted robbery. See NRS 200.380(1) (defining robbery, in pertinent part, as "the unlawful taking of personal property from the person of another, or in the presence, against his or her will, by means of force or violence . . ."); see also NRS 193.330(1) (defining attempt). Second, even assuming that NRS 41.430 applies, where the record shows that the offense occurred in Churchill County, appellant had the burden to show that the offense occurred on lands over which the United States has exclusive jurisdiction. See Pendleton v. State, 103 Nev. 95, 99, 734 P.2d 693, 695 (1987) ("The defendant has the burden of showing the applicability of negative exceptions in jurisdictional statutes."). Because appellant failed to demonstrate that the district court erred in this regard, we ORDER the judgment of conviction AFFIRMED.

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Saitta

Gibbois Pickering Pieke,t tup , J.

cc: Hon. Thomas L. Stockard, District Judge Wayne A. Pederson, P.C. Attorney General/Carson City Churchill County District Attorney/Fallon Churchill County Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A ea)