Stewart v. State, 70069

CourtSupreme Court of Nevada
Citation393 P.3d 685
Docket NumberNo. 70069,70069
Parties Tommy Laquade STEWART, Appellant, v. The STATE of Nevada, Respondent.
Decision Date04 May 2017

393 P.3d 685

Tommy Laquade STEWART, Appellant,
v.
The STATE of Nevada, Respondent.

No. 70069

Supreme Court of Nevada.

FILED MAY 04, 2017


Marchese Law Offices, PC, and Jess R. Marchese, Las Vegas, for Appellant.

Adam Paul Laxalt, Attorney General, Carson City; Steven B. Wolfson, District Attorney, and Jonathan VanBoskerck, Chief Deputy District Attorney, Clark County, for Respondent.

BEFORE DOUGLAS, GIBBONS and PICKERING, JJ.

OPINION

By the Court, GIBBONS, J.:

In this appeal, we are asked to analyze issues related to dual convictions for first-degree kidnapping and robbery, as well as the sufficiency of the warning given pursuant to Miranda v. Arizona , 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Appellant Tommy Stewart, along with another unidentified man, demanded entry into victim Natasha Lumba's apartment at gunpoint, ordered Lumba to lie face down in her bedroom while being guarded, and stole electronics, cash, and other personal items from the apartment. After a three-day jury trial, Stewart was found guilty on all counts and given a sentence of life with the possibility of parole. On appeal, Stewart argues that (1) there was insufficient evidence to support a conviction of both robbery and kidnapping and (2) the Miranda warning given by police was legally insufficient.

We hold that (1) there was sufficient evidence to support Stewart's convictions for kidnapping and robbery and (2) the Miranda warning was legally sufficient. Accordingly, we affirm the district court's judgment of conviction.

FACTS AND PROCEDURAL HISTORY

The crime

On January 20, 2015, Stewart and another unidentified man approached Lumba as she entered her apartment, held her at gunpoint, and told her to let them into the apartment. Once in the apartment, the men told Lumba to lie face down on the ground in the back bedroom. The men took turns guarding Lumba while ransacking her apartment and looking for things to steal. While Lumba was on the floor, one of the attackers put his hand under her bra and underwear to search for money or items she might have concealed.

After approximately 10 or 15 minutes, the two men finished their search of the apartment. Just before leaving, the two men told Lumba not to call the police or they would come back to kill her. The two men left Lumba's apartment, taking with them various electronics and cash. Lumba later called 911, and Las Vegas Metropolitan Police Department (LVMPD) personnel arrived on scene.

The investigation

During their investigation, LVMPD evidence technicians found Stewart's fingerprints

393 P.3d 687

on Lumba's jewelry box. Additionally, LVMPD detectives conducted a follow-up interview and photographic lineup, wherein Lumba identified two potential suspects, one of whom was Stewart. The LVMPD located Stewart and detained him for further questioning.

The interrogation

Prior to questioning, an LVMPD detective read Stewart the warning from the LVMPD Miranda card:

You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to have the presence of an attorney during questioning. If you cannot afford an attorney one will be appointed before questioning. Do you understand these rights?

Stewart indicated that he understood his rights and agreed to talk with the detective. Stewart initially denied being at Lumba's apartment but later admitted to being there after being confronted with the fingerprint evidence. Stewart admitted to being in Lumba's apartment on the night in question with another man and admitted to stealing her personal effects, but Stewart stated that he had not entered the bedroom.

The trial

The State charged Stewart with conspiracy to commit robbery, burglary while in possession of a firearm, robbery with use of a deadly weapon, and first-degree kidnapping with use of a deadly weapon.

Stewart filed two pretrial motions to suppress his statement to LVMPD detectives, arguing that the LVMPD's Miranda warning was legally insufficient. The district court denied both motions.

After a three-day trial, the jury found Stewart guilty on all counts. Stewart was sentenced to life with the possibility of parole, and he then filed the instant appeal.

ANALYSIS

Sufficient evidence exists to support Stewart's dual convictions of first-degree kidnapping and robbery

Stewart challenges the evidence underlying the first-degree kidnapping conviction, arguing his conviction for first-degree kidnapping is not supported by the...

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11 cases
  • Belcher v. State
    • United States
    • Nevada Supreme Court
    • June 4, 2020
    ...compulsory self-incrimination during the inherently coercive atmosphere of an in-custody interrogation.’ " Stewart v. State , 133 Nev. 142, 146, 393 P.3d 685, 688 (2017) (quoting Dewey v. State , 123 Nev. 483, 488, 169 P.3d 1149, 1152 (2007) ). If a person is not advised of his or her Miran......
  • Guerrina v. State
    • United States
    • Nevada Supreme Court
    • June 7, 2018
    ...forcing her to accompany him inside "substantially exceeded the movement necessary to complete the robbery." Stewart v. State, 133 Nev. ––––, ––––, 393 P.3d 685, 688 (2017). Moreover, a rational trier of fact could have concluded that pouring liquid around the door and then locking Cuevas w......
  • Gonzales v. Baca
    • United States
    • U.S. District Court — District of Nevada
    • October 7, 2020
    ...reasonably concluded that the evidence presented showed the kidnapping was not incidental to the robbery. See e.g., Stewart v. State, 393 P.3d 685, 688 (Nev. 2017) (concluding that there was sufficient evidence to convict the defendant of first-degree kidnapping and robbery because "a reaso......
  • Flores v. Gittere
    • United States
    • U.S. District Court — District of Nevada
    • June 30, 2023
    ... ... with use of a deadly weapon, victim 60 years of age or older; ... and (5) conspiracy to commit robbery. The State alleged each ... codefendant was liable for the four non-conspiracy charges in ... counts (1) to (4) based on three alternative theories ... determined by the trier of fact in all but the clearest ... cases.'” Stewart v. State , 133 Nev. 142, ... 145, 393 P.3d 685, 687-88 (2017) (citations omitted) ...          The ... Supreme Court of ... ...
  • Request a trial to view additional results

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