Clark (Robert) v. State

CourtNevada Supreme Court
DecidedDecember 30, 2015
Docket65199
StatusUnpublished

This text of Clark (Robert) v. State (Clark (Robert) v. State) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark (Robert) v. State, (Neb. 2015).

Opinion

Clark claims that the district court abused its discretion when it refused to provide his proposed jury instruction because the court believed the instruction was not supported by Nevada law. He asserts that the instruction is supported by Bails v. State, 92 Nev. 95, 96-97, 545 P.2d 1155, 1155-56 (1976), which permits the district court to allow such an instruction. The State asserts that the court properly instructed the jury on reasonable doubt, so the court had the discretion to reject the proposed instruction. "The district court has broad discretion to settle jury instructions, and this court reviews the district court's decision for an abuse of that discretion or judicial error." Rose v. State, 127 Nev. 494, 500, 255 P.3d 291, 295 (2011) (quoting Crawford v. State, 121 Nev. 744, 748, 121 P.3d 582 585 (2005)). "An abuse of discretion occurs if the district court's decision is arbitrary or capricious or if it exceeds the bounds of law or reason." Jackson v. State, 117 Nev. 116, 120, 17 P.3d 998, 1000 (2001). In Bails, the defendant was charged with first-degree murder. 92 Nev. at 96, 545 P.2d at 1155. The only evidence against him was circumstantial. Id. He requested a specific jury instruction on reasonable doubt, but the district court rejected Bails's specific instruction. Id. at 96- 97, 545 P.2d at 1155-56. This court affirmed the district court's decision and explained that the district court does not err when it "refuse[s] to give the instruction if the jury is properly instructed regarding reasonable doubt." Id. at 97, 545 P.2d at 1156. However, this court also clarified that the district court had the discretion to issue such an instruction. Id. In the instant case, the district court did not abuse its discretion by rejecting Clark's proposed instruction. Although the district court could have issued the instruction, it was not required to do so

SUPREME COURT OF NEVADA 2 (0) 1947A eto because it properly instructed the jury on reasonable doubt. The court's mistaken belief that the instruction was not supported by Nevada law is of no import. The district court correctly concluded that instruction need not be given, even if it did so, at least in part, based on the incorrect belief that the instruction was not supported by Nevada law. See Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970) ("If a judgment or order of a trial court reaches the right result, although it is based on an incorrect ground, the judgment or order will be affirmed on appeal.")." Sufficiency of the evidence Clark next argues that the State did not present any direct evidence that he committed the crimes charged and that it solely relied upon circumstantial evidence. He claims that the State also did not present any evidence that he entered the victim's apartment, only that he was outside the apartment and that he carried a pole. The State concedes that it used circumstantial evidence to prove Clark's guilt, but it argues that Nevada law permits this reliance. In reviewing the sufficiency of the evidence, this court determines "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Mitchell v. State, 124 Nev. 807, 816, 192 P.3d 721, 727 (2008) (internal quotation

'Clark secondarily argues that this court should adopt the Indiana rule articulated in Robey v. State, 454 N.E.2d 1221, 1222 (Ind. 1983), abrogated by McGowan v. State, 27 N.E.3d 760 (2015), and require that such an instruction be given when requested. This argument is also• unpersuasive because the Nevada Legislature has codified the precise instruction that the trial courts must provide for reasonable doubt. See NRS 175.211.

SUPREME COURT OF NEVADA 3 (0) 1947A Atelw marks omitted). "This court will not reweigh the evidence or evaluate the credibility of witnesses." Id. "[I]t is the jury's function .. . to assess the weight of the evidence and . . . credibility of witnesses." Rose v. State, 123 Nev. 194, 202-03, 163 P.3d 408, 414 (2007) (internal quotations omitted) (alteration in original). Moreover, a jury may rely on circumstantial evidence. Wilkins v. State, 96 Nev. 367, 374, 609 P.2d 309, 313 (1980). To convict a defendant of home invasion, the State must prove that the defendant (1) "forcibly enter[ed]," (2) "an inhabited dwelling," (3) "without permission of the owner, resident or lawful occupant." NRS 205.067(1). A person "forcibly enters" when he or she enters through "any act of physical force resulting in damage to the structure." NRS 205.067(5)(a). An "inhabited dwelling" is "any structure . . . in which the owner or other lawful occupant resides." NRS 205.067(5)(b). First, police officers testified at trial that force was used to gain entry to the apartment and the victim described the window as being "completely trashed." Trial testimony also revealed that Clark (or a person for whom he is vicariously liable 2) was the person who entered the apartment. Second, the victim testified that he lived with his daughter in the apartment where the crime occurred. Lastly, the victim testified that he did not give anyone permission to be in his apartment at the time the crime occurred and that he did not give anyone permission to take his

2At trial, a witness testified that during the later evening hours of April 26, 2013, she saw Clark and another man, who also resided in the complex, on the balcony of the apartment where the victim resided. She also testified that she contacted the police because she believed that Clark and his associate were breaking into the victim's apartment.

SUPREME COURT OF NEVADA 4 (0) 1947A e DVD player. Therefore, the State presented sufficient evidence to prove home invasion. To convict a defendant of burglary, the State must prove that the defendant (1) "enter[ed] any house, room, apartment," etc., (2) "with, [ inter alict], the intent to commit grand or petit larceny." NRS 205.060(1). The jury may determine the defendant's intent based upon his or her actions. NRS 205.065. The same trial testimony that demonstrates that Clark or someone for whom he is vicariously liable forcibly entered the victim's residence for the home invasion charge also demonstrates that Clark or someone for whom he is vicariously liable entered the victim's apartment to commit burglary. Additionally, a police detective testified that he recovered the victim's DVD player from the apartment where Clark lived.

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Bluebook (online)
Clark (Robert) v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-robert-v-state-nev-2015.