Falvey v. State, 110519 NVCA, 76664-COA

Docket Nº:76664-COA
Opinion Judge:GIBBONS, C.J.
Party Name:JOHN THOMAS FALVEY, Appellant, v. THE STATE OF NEVADA, Respondent.
Judge Panel:Tao, J. Bulla, J. Hon. William G. Rogers, Senior Judge
Case Date:November 05, 2019
Court:Court of Appeals of Nevada
 
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JOHN THOMAS FALVEY, Appellant,

v.

THE STATE OF NEVADA, Respondent.

No. 76664-COA

Court of Appeals of Nevada

November 5, 2019

ORDER AFFIRMING IN PART, REVERSING IN PART AND REMANDING

GIBBONS, C.J.

John Thomas Falvey appeals from a judgment of conviction, pursuant to a jury verdict, of failure of a tier 1 sex offender to complete annual registration. Fourth Judicial District Court, Elko County; William G. Rogers, Senior Judge.

First, Falvey claims the district court erred by denying his motion to dismiss the information. Falvey asserts the charge in Count 3 of the second amended criminal information did not satisfy the requirements of NRS 173.075 because it did not identify the basis for why Falvey was required to register as a sex offender. Specifically, Falvey asserts the State did not show that his California conviction for indecent exposure falls under the purview of the sex offender registration requirements of NRS Chapter 179D because the State did not identify the conduct he committed in California.

"[T]he information must be a plain, concise and definite written statement of the essential facts constituting the offense charged." NRS 173.075(1). "The sufficiency of an . . . information is to be determined by practical rather than technical considerations." Laney v. State, 86 Nev. 173, 178, 466 P.2d 666, 669 (1970) (quoting Clay v. United States, 326 F.2d 196, 198 (10th Cir. 1963). "[B]efore a conviction, the [information] standing alone must contain the elements of the offense intended to be charged and must be sufficient to apprise the accused of the nature of the offense so that he may adequately prepare a defense." Id. (quoting Clay, 326 F.2d 196, 198 (10th Cir. 1963)). "We review a district court's decision to grant or deny a motion to dismiss an [information] for abuse of discretion." Hill v. State, 124 Nev. 546, 550, 188 P.3d 51, 54 (2008).

Count 3 of the information charged Falvey with failure of a tier 1 sex offender to complete annual registration as defined by NRS 179D.480 and NRS 179D.550, and alleged that on or about October 16, 2015, Falvey, "a sex offender, unlawfully failed to complete his annual registration." We...

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