Berry (Robert) v. State ( 2015 )

 the store clerk is Indian. We reject appellant's contention that the tribal
members, as owners of Fox Peak Station, were victims of the attempted
robbery. See NRS 200.380(1) (defining robbery, in pertinent part, as "the
unlawful taking of personal property from the person of another, or in the
presence, against his or her will, by means of force or violence . . ."); see
also NRS 193.330(1) (defining attempt). Second, even assuming that NRS
41.430 applies, where the record shows that the offense occurred in
Churchill County, appellant had the burden to show that the offense
occurred on lands over which the United States has exclusive jurisdiction.
See Pendleton v. State, 103 Nev. 95, 99, 734 P.2d 693, 695 (1987) ("The
defendant has the burden of showing the applicability of negative
exceptions in jurisdictional statutes."). Because appellant failed to
demonstrate that the district court erred in this regard, we
ORDER the judgment of conviction AFFIRMED.
•
Saitta
Gibbois Pickering
Pieke,t tup , J.
cc: Hon. Thomas L. Stockard, District Judge
Wayne A. Pederson, P.C.
Attorney General/Carson City
Churchill County District Attorney/Fallon
Churchill County Clerk
SUPREME COURT
OF
NEVADA
2
(0) 1947A ea)