McRae (Martin) v. State ( 2015 )

 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."
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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
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