Padilla-Chavez (Julian) v. State ( 2014 )

 (defining "criminal gang"). The gang perceives the area around Sparks
Middle School as their territory and frequently asks individuals in the
area where they are from in order to determine whether they are affiliated
with a rival gang or are involved in gang activity. Testimony was
presented that the gang asks where individuals are from in order to
"instill fear and claim an area is theirs, and basically terrorize a
neighborhood, to let them know they're in control."
On May 2, 2013, M.A. was watching a soccer game at Sparks
Middle School. Padilla-Chavez left a group of peers, approached MA., and
asked him where he was from. M.A. replied "nowhere," and moved away
from the group. Shortly thereafter, Padilla-Chavez approached M.A.
again and asked him why he was still there after he had been told to leave
the area. M.A. tried to run away, but Padilla-Chavez and another
individual dragged him to an isolated area, beat him, and stole several
items of his property.
We conclude that the jury could reasonably infer from the
evidence presented that Padilla-Chavez robbed M.A. for the purposes of
promoting, furthering, or assisting the activities of the Tijuanitos. See
NRS 193.168(1). Circumstantial evidence may support a conviction, Lisle
v. State, 113 Nev. 679, 691-92, 941 P.2d 459, 467 (1997), holding limited
on other grounds by Middleton v. State, 114 Nev. 1089, 1117 n.9, 968 P.2d
296, 315 n.9 (1998), and the jury's verdict will not be disturbed on appeal
where, as here, it is supported by sufficient evidence, see Bolden v. State,
SUPREME COURT
OF
NEVADA
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(0) I947A cdeA).
97 Nev. 71, 73, 624 P.2d 20, 20 (1981); see also McNair v. State, 108 Nev.
53, 56, 825 P.2d 571, 573 (1992). Accordingly we
ORDER the judgment of conviction AFFIRMED.
Hardesty
ayi
ss e
Douglas -
J. Utiut
Cherry
cc: Hon. Lidia Stiglich, District Judge
Scott W. Edwards
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0) I 947* 400