Nevada Supreme Court, 2014

Black (Demetrius) v. State

Black (Demetrius) v. State
Nevada Supreme Court · Decided December 11, 2014

Black (Demetrius) v. State

Opinion

Black and Edwards to different apartment complexes around the areas testified to by the victims. The men, who were wearing hooded jackets, exited her vehicle multiple times and returned with stolen goods. Downey and another witness, Tara Godfrey, described the stolen goods, which matched the items reported stolen by some of the victims.

We conclude that the jury could reasonably infer from the evidence presented that Black committed the charged crimes. See NRS 199.480(3); NRS 200.380(1); NRS 193.165(1). "[I]t is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of [a] witness," Walker v. State, 91 Nev. 724, 726, 542 P.2d 438, 439 (1975), and the jury's verdict will not be disturbed where, as here, it is supported by sufficient evidence, see Bolden v. State, 97 Nev. 71, 73, 624 P.2d 20, 20 (1981); see also McNair v. State, 108 Nev. 53, 56, 825 P.2d 571, 573 (1992).

Second, Black contends that his sentence constitutes cruel and unusual punishment. We decline to consider this assertion because it is not supported by cogent argument. See Maresca v. State, 103 Nev. 669, 673, 748 P.2d 3, 6 (1987). Accordingly, we ORDER the judgment of conviction AFFIRMED.

SUPREME COURT OF NEVADA (0) 1947A cc: Hon. Carolyn Ellsworth, District Judge Sanft Law, P.C.

Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1907A c(ieP

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