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GORDON v. STATE

No. 42760.

117 P.3d 214 (2005)

Elwin Ray GORDON, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

August 11, 2005.

Attorney(s) appearing for the Case

John E. Oakes, Reno, for Appellant.

Brian Sandoval, Attorney General, Carson City; Noel S. Waters, District Attorney, and Thomas R. Armstrong, Deputy District Attorney, Carson City, for Respondent.

Before MAUPIN, DOUGLAS and PARRAGUIRRE, JJ.

OPINION

By the Court, DOUGLAS, J.:

In this appeal, we consider whether a jury may return a general guilty verdict based upon several legally sufficient theories of driving under the influence if at least one theory had sufficient evidentiary support. We conclude that it may. We also consider whether the appellant was prejudiced by the State's failure to gather evidence during its investigation. We conclude that he was not prejudiced.

FACTS...

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