Baker (John) v. State ( 2013 )

 116 Nev. 1124, 1127, 13 P.3d 947, 949 (2000). The district court conducted
an evidentiary hearing on appellant's motion, considered the totality of the
circumstances, including the preliminary hearing transcript and a
videotape of the encounter, and determined that Trooper Ames had
reasonable suspicion to detain appellant and that the detention was not
unconstitutionally lengthy. State v. Rincon, 122 Nev. 1170, 1173-74, 147
P.3d 223, 235-36 (2006); NRS 171.123(1). The district court also concluded
that appellant voluntarily, knowingly, and intelligently consented to the
search of the vehicle and that the Trooper's brief retrieval of a sweater
from the vehicle, at appellant's request, did not invalidate appellant's
written consent. McMorran v. State, 118 Nev. 379, 383, 46 P.3d 81, 83
(2002); see also Schneckloth v. Bustamonte, 412 U.S. 218, 248-49 (1973).
We conclude that the district court's findings were not clearly erroneous
and that the district court did not err by denying appellant's motion to
suppress.
Appellant argues that the district court failed to read a
requirement of one ounce or more into the transportation-of-a-controlled-
substance count and that, without the allegation of an amount, the count
should have been dismissed. Questions of statutory interpretation are
reviewed de novo, and our interpretation is controlled by legislative intent;
if the statute is clear on its face, we will not look beyond the statute's plain
meaning to determine legislative intent. State v. Lucero, 127 Nev. ,
249 P.3d 1226, 1228 (2011). NRS 453.321 contains no language that
would require the State to allege or prove a certain amount of controlled
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substance. 2 As an element of weight was not included in the plain
language of the statute, we will not create it; therefore, the district court
did not err when it declined to impose a weight requirement into the
statute. Accordingly, we
ORDER the judgment of the conviction AFFIRMED.
J.
cc: Hon. Alvin R. Kacin, District Judge
Elko County Public Defender
Attorney General/Carson City
Elko County District Attorney
Elko County Clerk
NRS 453.321(1) states, in pertinent part, that "it is unlawful for a
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person to: (a) [i] mport, transport, sell, exchange, barter, supply, prescribe,
dispense, give away or administer a controlled or counterfeit substance."
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I