HOBBS v. STATE

No. 54933.

251 P.3d 177 (2011)

Timothy Lee HOBBS, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

May 19, 2011.


Attorney(s) appearing for the Case

Gibson & Kuehn, LLP, and Harold Kuehn , Pahrump, for Appellant.

Catherine Cortez Masto , Attorney General, Carson City; Brian Kunzi , District Attorney, and Wesley S. White , Deputy District Attorney, Nye County, for Respondent.

Before CHERRY, SAITTA and GIBBONS, JJ.


OPINION

By the Court, SAITTA, J.:

In this appeal, we consider two primary issues. We first address whether spitting on another constitutes a battery under NRS 200.481. We hold that it does. Next, we consider whether the State sufficiently established the requisite prior domestic battery misdemeanor convictions to enhance appellant Timothy Lee Hobbs' current offense to a felony. We hold that it did not. We therefore affirm in part and reverse in part...

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