Rodriguez (Jeffrey) v. State ( 2015 )

 statements were relevant to appellant's motive, and gave an appropriate
limiting instruction. See Tavares v. State, 117 Nev. 725, 731, 30 P. 3d
1128, 1131 (2001), holding modified by Mclellan v. State, 124 Nev. 263,
182 P.3d 106 (2008). We conclude that appellant fails to demonstrate that
the district court committed manifest error.
Second, appellant contends that the district court abused its
discretion by allowing a police officer to testify that appellant did not
appear to be "in shock" after the shooting. We disagree. Although the
officer used the word "shock," he did so in the context of his observations
as a police officer and not in a medical capacity. On cross-examination,
the officer admitted that he was not qualified to make a medical
determination whether appellant was "in shock," and when the prosecutor
attempted to revisit the subject, the district court sustained appellant's
objection. Under these circumstances, we conclude that the district court
did not abuse its direction. Moreover, we conclude that any error was
harmless under the circumstances. See Tavares, 117 Nev. at 732, 30 P.3d
at 1132 (describing the harmless-error test for nonconstitutional error).
Third, appellant contends that the district court abused its
discretion by refusing to admit a toxicology report showing that the victim
had morphine and hydrocodone in her system when she died, which
precluded him from presenting evidence supporting his theory of the case.
However, while the district court initially ruled that this evidence was
inadmissible, it later reconsidered its ruling and instructed the jury that
the victim had consumed these substances. Therefore, we conclude that
no relief is warranted.
Fourth, appellant contends that cumulative error entitles him
to relief. As we have concluded that, at best, appellant demonstrated a
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single error, there are no errors to cumulate. See United States v. Sager,
227 F.3d 1138, 1149 (9th Cir. 2000). Accordingly, we
ORDER the judgment of conviction AFFIRMED.
Saitta
, J.
ibbons Pickering
cc: Hon. David A. Hardy, District Judge
Richard F. Cornell
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
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