Eliason (Jason) v. State ( 2014 )


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  •                  admissibility were met. See Tinch v. State, 
    113 Nev. 1170
    , 1176, 
    946 P.2d 1061
    , 1064-65 (1997), modified by Bigpond v. State, 128 Nev. „ 
    270 P.3d 1244
    , 1249-50 (2012). The district court also agreed to provide the
    jury with a limiting instruction prior to the admission of the evidence and
    again before deliberations.   See Tavares v. State, 
    117 Nev. 725
    , 733, 30
    P.3d. 1128, 1133 (2001), modified by Mclellan, 124 Nev. at 270, 182 P.3d
    at 111. We agree with the State that the evidence in question did not
    implicate a prior bad act and was admissible independent of NRS
    48.045(2) and Tinch, and that a limiting instruction was not required.
    Therefore, we conclude that the district court reached the right result,
    albeit for the wrong reason, in granting the State's motion in limine and
    admitting the knife-possession evidence. See Wyatt v. State, 
    86 Nev. 294
    ,
    298, 
    468 P.2d 338
    , 341 (1970) ("If a judgment or order of a trial court
    reaches the right result, although it is based on an incorrect ground, the
    judgment or order will be affirmed on appeal."). Accordingly, we
    ORDER the judgment of conviction AFFIRMED.
    Pickering
    —94jtaaajters                             Saitta
    Parraguirre
    cc: Hon. Janet J. Berry, District Judge
    Washoe County Public Defender
    Attorney General/Carson City
    Washoe County District Attorney
    Washoe District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A    e
    

Document Info

Docket Number: 64782

Filed Date: 7/22/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014