DocketNumber: 66817
Filed Date: 10/16/2015
Status: Non-Precedential
Modified Date: 4/18/2021
it does not alleviate the offender's burden to report a change in residency status within 48 hours pursuant to NRS 179D.470(1).' Second, McRae contends that the district court erred in refusing to instruct the jury that if it concluded that McRae had no fixed address after his eviction, then he could not be found guilty so long as he notified local law enforcement of his address change within 30 days. 2 We discern no abuse of discretion. See Rose v. State, 127 Nev., Adv. Op. 43,255 P.3d 291
, 295 (2011) (reviewing district court's decision settling jury instructions for abuse of discretion). The 30-day continuing reporting requirement for sex offenders with no fixed address is an additional requirement to the obligation to notify local law enforcement of a change in residential status within 48-hours. NRS 179D.470(1), (3). Therefore, McRae was not entitled to a proposed instruction that characterized the requirements as mutually exclusive. See Carter v. State,121 Nev. 759
, 765,121 P.3d 592
, 596 (2005) (providing that a defendant is not entitled to instructions that are "misleading, inaccurate or duplicitous"). Third, McRae asserts that there was insufficient evidence adduced at trial to support the jury's verdict. We disagree. When viewed 'McRae also contends that the legislative history of NRS 179D.470 supports his interpretation of the statute. However, as the statute is clear on its face, we do not look beyond the statutory language to determine its meaning. Thompson v. District Court,100 Nev. 352
, 354,683 P.2d 17
, 19 (1984). 2 Attrial, McRae requested that the district court issue the following instruction: "If you find that the defendant had no fixed address once he was evicted, and you also find that within 30 days of that eviction he notified local law enforcement of an address where he had shelter, then you must find the defendant not guilty." SUPREME COURT OF NEVADA 2 (0) 1947A in the light most favorable to the State, the evidence presented at trial is sufficient to establish guilt beyond a reasonable doubt as determined by a rational trier of fact. See Jackson v. Virginia,443 U.S. 307
, 319 (1979); McNair v. State,108 Nev. 53
, 56,825 P.2d 571
, 573 (1992). Evidence introduced at trial demonstrated that McRae was a convicted sex offender. Testimony established that McRae had been evicted on December 16, 2013, but had failed to notify the Reno Police Department of his change in status until January 3, 2014. This evidence was sufficient to conclude that McRae, a convicted sex offender, failed to notify local law enforcement of his change in residential status within 48 hours of that change. NRS 179D.470(1). Having considered McRae's contentions and concluded that no relief is warranted, we ORDER the judgment of conviction AFFIRMED. Saitta J. cc: Hon. Janet J. Berry, District Judge Washoe County Public Defender Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk SUPREME COURT OF NEVADA 3 (0) 1947A ae