Hope (Donald) v. State

 victim was then hit from behind by a metal object several times, and
someone reached into his pocket and took cash from him. Based on this
evidence, we conclude that a reasonable juror could reasonably find that
Hope committed the battery with intent to commit robbery. See NRS
200.400. It is for the jury to determine the credibility of witnesses,
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).
Hope also argues that there was insufficient evidence to
support his conviction for trafficking in a controlled substance because the
State failed to prove that the drugs were his. We disagree. A police officer
found a bag containing 4.35 grams of cocaine on the floor of the police
interview room next to Hope's leg. The officer testified that the bag was
not there when he brought Hope into the interview room and that he
noticed it on the floor after Hope pulled his sock down and scratched his
leg. Based on this evidence, we conclude that a rational juror could
•
reasonably find that Hope possessed the cocaine. See NRS 453.3385(1);
Glispey v. Sheriff, Carson City, 89 Nev. 221, 223-34, 510 P.2d 623, 624
(1973) ("[P]ossession may be imputed when the contraband is found in a
location which is immediately and exclusively accessible to the accused
and subject to her dominion and control.").
We note that the judgment of conviction contains a clerical
error. The judgment of conviction provides a sentence of 18 to 48 months
for count 2, but this sentence should be for count 3 because count 2 was
dismissed. Thus, we remand this matter to the district court to correct the
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clerical error in the judgment of conviction to reflect that the sentence of
18 to 48 months is for count 3. Accordingly, we
ORDER the judgment of conviction AFFIRMED and
REMAND for proceedings consistent with this order.'
2 J.
Hardesty
c--1 J.
Douglas
J.
cc: Hon. Michael Villani, District Judge
Law Office of Scott P. Eichhorn, LLC
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
1 Hope'sfast-track statement fails to comply with NRAP 32(a)(4)
because it does not contain 1-inch margins on all four sides. Counsel for
Hope is cautioned that the failure to comply with the briefing
requirements in the future may result in the imposition of sanctions. See
NRAP 3C(n).
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(0) 1947A mge;(n,