Sanders v. State, 11853
| Court | Supreme Court of Nevada |
| Citation | 609 P.2d 324,96 Nev. 341 |
| Docket Number | No. 11853,11853 |
| Parties | Ellis SANDERS, Jr., Appellant, v. The STATE of Nevada, Respondent. |
| Decision Date | 09 April 1980 |
Page 324
v.
The STATE of Nevada, Respondent.
[96 Nev. 342]
Page 325
Morgan D. Harris, Public Defender, and William P. Henry, Deputy Public Defender, Las Vegas, for appellant.Richard H. Bryan, Atty. Gen., Carson City, Robert J. Miller, Dist. Atty., and H. Douglas Clark, Deputy Dist. Atty., Clark County, Las Vegas, for respondent.
PER CURIAM:
Appellant Ellis Sanders, Jr., was convicted of robbery with the use of a deadly weapon (NRS 200.380; 193.165), and being a person previously convicted of a felony in possession of a concealable firearm. (NRS 202.360). In this appeal, he argues the judgment of conviction should be reversed because (1) the district court erred in denying his oral motion in limine to exclude evidence of the nature of his prior convictions used to prove his status as a person previously convicted of a felony, and (2) prosecutorial misconduct occurred when the prosecutor made a statement in his final argument to the jury allegedly regarding a burden upon appellant to prove his innocence.
On October 13, 1978, appellant, using a concealable gun, robbed a clerk at a 7-Eleven store in Las Vegas. At the trial the prosecution introduced exemplified copies of appellant's prior convictions for attempted robbery and rape in order to prove an essential element of the charge of possession of a concealable firearm by a person previously convicted of a felony. 1
[96 Nev. 343] 1. Appellant argues the district court abused its discretion in denying his motion in limine to exclude from the jury evidence of the nature of his two prior convictions because he had offered to stipulate to the fact of those convictions. Appellant contends identification of his prior convictions for attempted robbery and rape was unduly prejudicial because he was also being tried for robbery in the present case. Therefore, he argues, the evidence should not have been admitted.
Page 326
Respondent, relying on People v. Morrison, 67 Cal.App.3d 425, 136 Cal.Rptr. 650 (1977), argues that since a prior felony conviction is an element of the offense charged under NRS 202.360(2), supra n. 1, appellant cannot preclude the introduction of proof of the nature of a prior felony conviction by offering to stipulate to the fact of the conviction. In Morrison, supra at 652, the court, quoting People v. Robles, 2 Cal.3d 205, 85 Cal.Rptr. 166, 171, 466 P.2d 710, 715 (Cal.1970),...
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Martin v. People, 85SC148
...prior conviction, where the nature of the conviction itself has no particular relevance, is particularly prejudicial. Sanders v. State, 96 Nev. 341, 609 P.2d 324 (1980) (error to admit nature of prior conviction in trial for possession of firearm by felon); United States v. Spletzer, 535 F.......
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Sonner v. State
... ... 1339] elements of the offense at issue. State v. Foster, 229 Kan. 362, 623 P.2d 1360, 1363 (1981); see also People v. White, 199 Colo. 82, 606 P.2d 847, 849 (1980) (photographs providing proof as to matters which have been stipulated to by the defendant are not inadmissible); Sanders v. State, 96 Nev. 341, 343, 609 P.2d 324, 326 (1980) (prosecutor need not stipulate to the existence of any elements of the crime he is attempting to prove if the stipulation will impair the effectiveness of the case). We conclude that the photograph and hat were relevant for the purpose of ... ...
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Givens v. State, 13849
... ... The district judge denied the motion ... Givens' counsel then made a motion in limine requesting that only the fact and not the nature of the prior felony be admitted, relying on this Court's opinion in Sanders v. State, 96 Nev. 341, 609 P.2d 324 (1980). The judge denied the motion, which then led defense counsel to bring out both the fact and name of the prior felony conviction on direct examination ... On the second day of trial, before any testimony was heard, defense counsel moved to ... ...
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Quillen v. State
... ... Quillen contends that he was prejudiced by the district court's denial of his request, because the jury may have mistakenly believed that he had been convicted of forcible rape. The State argues that there is no authority to support Quillen's request ... In Sanders v. State, 96 Nev. 341, 609 P.2d 324 (1980), cited by both parties, we stated that "the prosecution should only be allowed to prove the fact, instead of the nature, of a prior conviction where the effectiveness of the prosecutor's case is not impaired, and unnecessary and improper prejudice to the ... ...