Dunham v. State

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The Supreme Court affirmed Defendant’s conviction under Nev. Rev. Stat. 205.067 of home invasion, holding that the district court did not abuse its discretion in instructing the jury and that the sentence was constitutional.Defendant’s was convicted of home invasion for entering his wife’s second home. The district court sentenced him to a maximum term of ninety-six months in prison. On appeal, Defendant argued, among other things, that the district court abused its discretion in refusing his proposed jury instruction defining the word “resides” as used in the definition of “inhabited dwelling” in Nevada’s home invasion statute, Nev. Rev. Stat. 205.067(5)(b) as requiring the “owner or other lawful occupant” to dwell permanently or continuously. The Supreme Court affirmed, holding (1) an owner need not permanently or continuously dwell in a house for the house to be an inhabited dwelling; and (2) Defendant’s sentence did not constitute cruel and unusual punishment. View "Dunham v. State" on Justia Law