Young (Gregory) v. State ( 2013 )


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  •                             This evidence provides slight to marginal evidence, Sheriff v.
    Shade, 
    109 Nev. 826
    , 828, 
    858 P.2d 840
    , 841 (1993), that Young had
    constructive possession of the vehicle, see Palmer v. State, 
    112 Nev. 763
    ,
    768-69, 
    920 P.2d 112
    , 115 (1996) (discussing constructive possession); cf.
    Baker v. State, 
    93 Nev. 11
    , 
    558 P.2d 629
     (1977) (defendant's presence in a
    vehicle containing stolen property combined with surrounding
    circumstances gave rise to reasonable inference that he probably
    possessed the stolen property), and thus committed the charged offense,
    see NRS 205.273(1)(b). Accordingly, we conclude that Young fails to
    demonstrate that the district court erred by denying his petition, see
    Shade, 109 Nev. at 828, 
    858 P.2d at 841
    , and we
    ORDER the judgment of conviction AFFIRMED. 2
    J.
    Cherry
    2Although we filed the fast track statement and appendix submitted
    by Young, they fail to comply with the Nevada Rules of Appellate
    Procedure. Young's fast track statement refers to matters in the record
    without specific citation to the appendix, see NRAP 3C(e)(1)(C), and the
    appendix does not contain all required documents, see NRAP 3C(e)(2)(C)
    and 30(b). Additionally, despite this court's issuance of a notice of
    deficient certificate of compliance, counsel failed to file a certificate of
    compliance in compliance with NRAP 3C(h)(3). Counsel for Young,
    Gemma Greene Waldron, is cautioned that the failure to comply with all
    applicable rules and directives of this court in the future may result in the
    imposition of sanctions. See NRAP 3C(n); Smith v. Emery, 
    109 Nev. 737
    ,
    743, 
    856 P.2d 1386
    , 1390 (1993).
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    .1 " 1 r
    cc: Hon. Janet J. Berry, District Judge
    Law Office of Gemma Greene Waldron, PLLC
    Attorney General/Carson City
    Washoe County District Attorney
    Washoe District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    (0) I 947A     •
    3
    INZEB2INEEENEENWZMI                                 - .47,2774W     .67   '41),..3MMatitiANCSZ-
    

Document Info

Docket Number: 61060

Filed Date: 4/9/2013

Precedential Status: Non-Precedential

Modified Date: 10/30/2014