Opinion
No. 78385
03-17-2020
DONALD EDWARD SUFF, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
This is an appeal from a judgment of conviction, pursuant to a jury verdict, of sexual assault of a minor under 14 years of age, 2 counts of lewdness with a child under 14 years of age, and 3 counts of open or gross lewdness in the presence of a child or vulnerable person. Eighth Judicial District Court, Clark County; David M. Jones, Judge. Appellant Donald Suff raises one issue on appeal.
Pursuant to NRAP 34(f)(1), we have determined that oral argument is not warranted in this appeal.
Suff argues that the district court improperly allowed witnesses to testify that Suff sexually abused them when they were minors. We review for an abuse of discretion, Mclellan v. State, 124 Nev. 263, 267, 182 P.3d 106, 109 (2008), and find none as NRS 48.045(3) expressly provides that in a criminal prosecution for a sexual offense, evidence that a person committed another separate sexual offense is admissible. Furthermore, Suff has not demonstrated that the evidence's probative value was substantially outweighed by the danger of unfair prejudice. NRS 48.035(1); Franks v. State, 135 Nev. 1, 3-7, 432 P.3d 752, 754-57 (2019). We therefore,
To the extent that Suff conceded below to the admissibility of one of the prior victim's testimony, he cannot complain on appeal. See Pearson v. Pearson, 110 Nev. 293, 297, 871 P.2d 343, 345 (1994) (referencing the general rule that invited error is not properly the subject of appellate review in both civil and criminal cases); see also United States v. Olano, 507 U.S. 725, 732-34 (1993) (distinguishing between forfeiture, which is the failure to timely assert a right and allows for plain-error review, and waiver, which involves an intentional relinquishment of a known right and does not allow for appellate review because there is no "error"). --------
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Pickering
/s/_________, J.
Gibbons
/s/_________, J.
Silver cc: Hon. David M. Jones, District Judge
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk