Patterson (Tomarey) v. State ( 2015 )


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  •                                 Patterson now argues that the State improperly argued in
    closing that because Patterson's son had been seen by a local Pahrump
    optometrist after January 10, 2014, Patterson could have taken his son to
    see that local optometrist between December 31, 2013, and January 10,
    2014. Patterson misstates the State's closing argument, which was that
    Patterson could have taken his son to the local optometrist between July
    2013 and December 31, 2013. Further, the local optometrist testified at
    trial, without objection, that the son's first visit to his office occurred after
    Patterson's arrest. The State's argument was thus a permissible comment
    on evidence in the record. See Randolph v. State, 
    117 Nev. 970
    , 984, 
    36 P.3d 424
    , 433 (2001) ("The State is free to comment on testimony, to
    express its views on what the evidence shows, and to ask the jury to draw
    reasonable inferences from the evidence."). For the foregoing reasons, we
    conclude that Patterson's argument is without merit, and we
    ORDER the judgment of conviction AFFIRMED.
    J.
    Gibbons
    &SA a
    J.
    Pickering
    cc: Hon. Robert W. Lane, District Judge
    The Law Firm of Nathan L. Gent, PLLC
    Attorney General/Carson City
    Nye County District Attorney
    Nye County Clerk
    SUPREME COURT
    OF
    NEVADA
    (0) 1947A    e.)
    

Document Info

Docket Number: 67853

Filed Date: 12/18/2015

Precedential Status: Non-Precedential

Modified Date: 12/21/2015