Monroe (Anthony) v. State ( 2013 )

 them, wrestled with the asset protection specialist, and "tried to make
physical contact with [the assistant store manager] by trying to swing at
him." The asset protection specialist testified that prior to the
confrontation, she verbally identified herself to Monroe as "Home Depot
security" and while doing so "might have touched his hand." Surveillance
videotape of the incident was played for the jury.
Circumstantial evidence alone may sustain a conviction.
Buchanan v. State, 119 Nev. 201, 217, 69 P.3d 694, 705 (2003). It is for
the jury to determine the weight and credibility to give conflicting
testimony, McNair v. State, 108 Nev. 53, 56, 825 P.2d 571, 573 (1992), and
a jury's verdict will not be disturbed on appeal where, as here, sufficient
evidence supports the verdict, Bolden v. State, 97 Nev. 71, 73, 624 P.2d 20,
20 (1981); see also NRS 200.380(1). Therefore, we conclude that Monroe's
contention is without merit.
Second, Monroe contends that the district court erred by
rejecting his proposed jury instruction defining "larceny." Monroe fails to
offer any cogent argument or legal authority in support of his claim and
we need not address it. See Maresca v. State, 103 Nev. 669, 673, 748 P.2d
3, 6 (1987). Nevertheless, we note that the State met its burden of proof
on the greater offense of robbery and Monroe's contention is without merit.
See Lisby v. State, 82 Nev. 183, 188, 414 P.2d 592, 595 (1966) (holding that
"if the prosecution has met its burden of proof on the greater offense and
there is no evidence at the trial tending to reduce the greater offense, an
instruction on a lesser included offense may properly be refused"); see also
Davis v. State, 110 Nev. 1107, 1115, 881 P.2d 657, 662 (1994). Therefore,
we conclude that the district court did not abuse its discretion by rejecting
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Monroe's proposed instruction. See Ouanbengboune v. State, 125 Nev.
763, 774, 220 P.3d 1122, 1129 (2009). Accordingly, we
ORDER the judgment of conviction AFFIRMED.
Hardesty
Parraguirre Cherry
cc: Hon. Brent T. Adams, District Judge
Janet S. Bessemer
Michael V. Roth
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
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