Wilson (Kyle) v. State

• Court: Nevada Supreme Court
• Decided: May 29, 2015
• Docket: 65148
• Status: Unpublished

Opinion

that she give him money. She testified that she told him that there might

be something of interest in the master bedroom and that Wilson told her

to take him there. She testified that, once there, she opened a drawer and

Wilson began to hit her on the head, face, arms, and chest. Photographs of

her injuries were admitted as exhibits at trial. Recordings of Wilson's jail

calls were played for the jury, in which Wilson admitted that he

unlawfully entered the house to rob it and asserted that he beat the victim

to get more time to escape.

The jury could reasonably infer from the evidence presented

that Wilson battered the victim with the intent of obtaining possession of

property, preventing or overcoming resistance to his taking such property,

or facilitating escape. See NRS 200.380(1), 200.400(1)(a); see Norman v.

Sheriff, 92 Nev. 695, 697, 558 P.2d 541, 542 (1976) (holding that a charge

for robbery was justified where the acts of violence preceded the taking

(and which may have been intended for a different purpose), noting that

matters immediately antecedent and directly causally connected may be

deemed so closely connected as to form part of the occurrence). It is for the

jury to determine the weight and credibility to give conflicting testimony,

and the jury's verdict will not be disturbed on appeal where, as here,

substantial evidence supports the verdict. See Bolden v. State, 97 Nev. 71,

73, 624 P.2d 20, 20 (1981); see also McNair v. State, 108 Nev. 53, 56, 825

P.2d 571, 573 (1992).

SUPREME COURT OF NEVADA 2 (0) 1907A 4:641. Having considered Wilson's contention and concluded that it is

without merit, we

ORDER the judgment of conviction AFFIRMED.'

S Hardesty et_a , C.J.

,J. J. Douglas

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

'In spite of this court's order to do so, Wilson's counsel has failed to brief the issue posed by Blockb urger v. United States, 284 U.S. 299 (1932). Accordingly, the double-jeopardy issue has been waived. See LaChance v. State, 130 Nev., Adv. Op. 29, 321 P.3d 919, 926 n.3 (2014).

SUPREME COURT OF NEVADA 3 (0) 1947.4 oe