Harris (Kusumi) v. State

• Court: Nevada Supreme Court
• Decided: November 12, 2014
• Docket: 65345
• Status: Unpublished

Opinion

in the face. The victim and a witness testified that Harris also stomped on the victim's face multiple times. Harris eventually dragged the victim into another room and only stopped the beating after one of the young children in the house intervened. Harris fled from the scene after taking a hat belonging to the victim without his consent, The victim was initially diagnosed as a quadriplegic after suffering multiple fractures of the lamina and cervical vertebrae. Circumstantial evidence alone may sustain a conviction. Buchanan v. State, 119 Nev. 201, 217, 69 P.3d 694, 705 (2003). It is for the jury to determine the weight and credibility to give conflicting testimony, McNair v. State, 108 Nev. 53, 56, 825 P.2d 571, 573 (1992), and a jury's verdict will not be disturbed on appeal where, as here, sufficient evidence supports the verdict, Bolden v. State, 97 Nev. 71, 73, 624 P.2d 20, 20 (1981); see also NRS 0.060; NRS 200.380(1); NRS 200.481(1)(a); Litteral v. State, 97 Nev. 503, 508, 634 P.2d 1226, 1228-29 (1981) (noting that robbery is a general intent crime), disapproved on other grounds by Talancon v. State, 102 Nev. 294, 301, 721 P.2d 764, 769 (1986). Therefore, we conclude that Harris' contention is without merit and we ORDER the judgment of conviction AFFIRMED.

SUPREME COURT OF NEVADA 2 (01 1947A e cc: Hon. Elizabeth Goff Gonzalez, District Judge Eric G. Jorgenson Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) I94Th