Opinion
No. 58896.
09-13-2012
Colleen RIMER, Appellant, v. The STATE of Nevada, Respondent.
Sanft Law, P.C. Attorney General/Carson City Clark County District Attorney
Sanft Law, P.C.
Attorney General/Carson City
Clark County District Attorney
ORDER OF AFFIRMANCE
This is an appeal from a judgment of conviction, pursuant to a jury verdict, of involuntary manslaughter, child neglect or endangerment resulting in substantial bodily harm, and two counts of child abuse or neglect. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge.
Appellant's sole claim on appeal is that the district court abused its discretion by denying her motion to strike language in the amended indictment, which was read to the jury (instruction 3), referring to the deceased victim as “baby Jason” in the child abuse and neglect charge (count 3). She argues that the word “baby” was prejudicial surplusage considering “certain common associations with the word ‘baby,’ including the inability to care for oneself and helplessness.” See NRS 173.085 (providing that district court may strike surplusage from indictment or information upon defendant's motion); Hulett v. Sheriff, 91 Nev. 139, 141, 532 P.2d 607, 608 (1975) (concluding that defendant may seek to strike surplusage from indictment or information where surplusage results in prejudice). Even assuming the challenged language was surplusage, no prejudice • resulted on the ground appellant asserts considering that the victim was an infant during part of the charged period and he suffered from a debilitating medical condition.
Having considered appellant's argument and concluded that no relief is warranted, we
ORDER the judgment of conviction AFFIRMED.