Opinion
No. 75909-COA
08-13-2019
LUCAS BARNETT BRADY, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Lucas Barnett Brady appeals from a judgment of conviction, pursuant to a jury verdict, of trafficking in a schedule I controlled substance, 28 grams or more. Second Judicial District Court, Washoe County; Kathleen M. Drakulich, Judge.
Brady claims that absent a detective's testimony regarding a statement Brady allegedly made to the detective, insufficient evidence supports his conviction. Brady asserts that, although the jury apparently found the Detective's testimony credible, this court need not do so. However, it "is well established that it is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness." Walker v. State, 91 Nev. 724, 726, 542 P.2d 438, 439 (1975). Further, "[i]n assessing a sufficiency of the evidence challenge, a reviewing court must consider all of the evidence admitted by the trial court." Stephans v. State, 127 Nev. 712, 721, 262 P.3d 727, 734 (2011) (internal quotation marks omitted). Brady does not allege that the jury could not have been convinced beyond a reasonable doubt that he committed trafficking in a schedule I controlled substance based on the evidence the jury had a right to consider. Accordingly, we conclude Brady has failed to demonstrate insufficient evidence supports his conviction, and we
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Kathleen M. Drakulich, District Judge
Washoe County Public Defender
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk