State v. Ballard (Fredrica) ( 2015 )

 insufficient evidence was presented at trial). The district court concluded
that the State presented insufficient evidence to support the child abuse
and child neglect charges and granted Fredrica's motion as to those
counts.
The State contends that the district court erred. We review
the evidence presented in the light most favorable to the prosecution to
determine whether "any rational trier of fact could have found the
essential elements of the crime beyond a reasonable doubt." Jackson v.
Virginia, 443 U.S. 307, 319 (1979); Mitchell v. State, 124 Nev. 807, 816,
•
192 P.3d 721, 727 (2008). The State asserts that the district court
disregarded the overwhelming evidence which established that P.B. and
N.B. were not given proper "care, control, or supervision." See NRS
200.508(1)-(2) (requiring the State to demonstrate that a person caused or
allowed a child to be placed in a situation where he might suffer injury as
the result of "abuse or neglect"); NRS 200.508(4)(a) (defining "abuse and
neglect," in relevant part, as maltreatment); NRS 432B.140 (explaining
that maltreatment occurs where "a child has been abandoned, is without
proper care, control and supervision or lacks the subsistence, education,
shelter, medical care or other care necessary for the well-being of the
child"). Specifically, the State points to testimony which established that
(a) Fredrica used chemicals to grow marijuana and kept liquid containers
next to electrical wiring, (b) many marijuana grow houses develop mold,
fire, and other hazards, and (c) protective gear is worn to remove
marijuana. The State also points to testimony which established that
Fredrica committed her crimes in P.B. and N.B.'s presence and forced
them to participate in her activities. We agree with the district court that
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this evidence was insufficient to establish the essential elements of the
charged crimes. We conclude that the district court did not err by
granting Frederica's motion, in part, and we
ORDER the judgment of the district court AFFIRMED.
--Q4aCa■ityafte....._, J.
Parraguirre
J.
Douglas
cc: Hon. Carolyn Ellsworth, District Judge
Attorney General/Carson City
Clark County District Attorney
Cofer, Geller & Durham
Eighth District Court Clerk
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