Pele (Peni) v. State ( 2014 )

 Brattain had stated that a police photographic lineup, which included
Pele's picture, did not show the intruder, although the State drew
attention to the fact that the intruder was clean-shaven and Pele at trial
was clean-shaven, while Pele had a large beard and mustache in the police
photo lineup. Keith Orr observed the intruder fleeing Brattain's house
and testified that Pele "looked like" the intruder, although Orr was not
certain because the incident occurred quickly and more than a year prior
to the trial. Further, Orr observed the car to which the intruder fled and
its license plates. A DMV search revealed that the license plates and a car
matching Orr's description were registered to Pele's wife. Finally,
fingerprint analysis established a match between a fingerprint lifted from
the frame of the broken screen door and Pele's right index finger.
The jury could reasonably infer from the evidence presented
that Pele (1) unlawfully entered the victim's house with the intent to
commit a felony and (2) intentionally stole personal property with a value
of greater than $650. See NRS 205.060, NRS 205.220(1)(a). Pele's
argument that the evidence was insufficient where only fingerprint
evidence incriminated Pele is neither persuasive as a matter of law, nor
borne out by the evidence presented at trial. See Reed v. State, 95 Nev.
190, 193-194, 591 P.2d 274, 276-77 (1979) (noting that fingerprints alone
found at the scene may suffice to identify a defendant and that
identification is generally left to the jury). It is for the jury to determine
the weight and credibility to give conflicting testimony, and the jury's
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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).
Having considered Pele's contention and concluded that it is
without merit, we
ORDER the judgment of conviction AFFIRMED.
Hardesty
1 V -tese0P
Douglas Cherry
cc: Hon. James M. Bixler, District Judge
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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zz-atibi