Yava (Angela) v. State ( 2014 )

 There is no indication in the record that Yava objected to the
criminal information or the verdict form, and defenseS counsel expressly
stated for the record that she had no objection to the instructions provided
to the jury, including the instruction on the elements of "transportation of
a controlled substance." See Grey v. State, 124 Nev. 110, 120, 178 P.3d
154, 161 (2008) ("Failure to object below generally precludes review by this
court; however, we may address plain error and constitutional error sua
sponte." (internal quotation marks omitted)). Additionally, Yava fails to
offer any persuasive authority or argument in support of her claim that
the definition of "transport" is unclear. See State v. Catanio, 120 Nev.
1030, 1033, 102 P.3d 588, 590 (2004) (a statute is ambiguous when it
"lends itself to two or more reasonable interpretations"); see also State v.
Lucero, 127 Nev. „ 249 P.3d 1226, 1228 (2011) ("[W]e review
questions of statutory interpretation de novo."); Sheriff v. Witzenburg, 122
Nev. 1056, 1061, 145 P.3d 1002, 1005 (2006) (stating that we will not look
beyond statutory plain language when the meaning is clear). Yava fails to
demonstrate that her substantial rights were affected, see NRS 178.602;
Green v. State, 119 Nev. 542, 545, 80 P.3d 93, 95 (2003) ("[T]he burden is
on the defendant to show actual prejudice or a miscarriage of justice."),
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and we conclude that she is not entitled to relief Accordingly, we
ORDER the judgment of conviction AFFIRMED. 2
J.
Hardesty
r—Dt7puti , J.
Douglas
Cherry
Citcut J.
cc: Hon. Nancy L. Porter, District Judge
Elko County Public Defender
Attorney General/Carson City
Elko County District Attorney
Elko County Clerk
2 The fast track statement submitted by counsel for Yava does not
comply with the applicable formatting requirements because the brief
utilizes a proportionally-spaced typeface that is not 14-point or larger and
the footnote is not in the same size as the body of the brief See NRAP
32(a)(5); see also NRAP 3C(h)(1) (requiring fast track filings to comply
with the formatting requirements of NRAP 32(a)(4)-(6)). Counsel for Yava
is cautioned that the failure to comply with the briefing requirements in
the future may result in the imposition of sanctions. See NRAP 3C(n).
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