McFarland (Logan) v. State ( 2015 )

 and took her purse. Hill drove off with the victim while McFarland
followed in another car. Believing she was about to be killed, the victim
struggled with Hill until the car came to a stop. Both women fell out of
the car. The victim noticed McFarland approaching and dove into the car.
As she drove away, the victim was shot in the head.
McFarland asserts that the robbery was complete as soon as
the victim turned over her keys and purse and therefore any kidnapping
which occurred thereafter was unrelated to the robbery. We disagree. See
State v. Fouquette, 67 Nev. 505, 528, 221 P.2d 404, 416 (1950) ("Acts of
taking victim of robbery from scene of crime in automobile for purpose of
removing [her] to a place where [she] could less easily raise an alarm and
summon aid, are committed in the perpetration of the robbery."). We
conclude that the district court did not commit substantial error by
determining that sufficient evidence was presented to establish probable
cause to support the charge.
Second, McFarland contends that the district court erred by
rejecting his proposed jury instruction, which stated that he could not be
convicted of committing an offense involving a stolen vehicle unless the
jury found that the person who took the vehicle intended to permanently
deprive the owner thereof. "This court reviews a district court's decision
to issue or not to issue a particular jury instruction for an abuse of
discretion." Ouanbengboune v. State, 125 Nev. 763, 774, 220 P.3d 1122,
1129 (2009). Because NRS 205.273 (offense involving a stolen vehicle)
does not require the State to prove that the vehicle was taken with the
intent to permanently deprive the owner thereof, we conclude that the
district court did not abuse its discretion by rejecting McFarland's
instruction. See Carter v. State, 121 Nev. 759, 765, 121 P.3d 592, 596
SUPREME COURT
OF
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(2005) (a defendant is not entitled to inaccurate instructions).
Accordingly, we
ORDER the judgment of conviction AFFIRMED.
Parraguirre
iniut
, J.
Douglas Cherry
cc: Hon. Nancy L. Porter, District Judge
Gary D. Woodbury
Attorney General/Carson City
Elko County District Attorney
Elko County Clerk
SUPREME COURT
OF
NEVADA
3
10) 1947A me