Castaneda v. State
Annotate this CaseDefendant appealed his conviction for 15 counts of possession of child pornography. Defendant argued that 14 of his 15 convictions for possessing child pornography must be vacated because NRS 200.730 penalizes possession, and the State proved only "a singular act of digital possession of items seized on the day the police took the computers into police custody." The court held, consistent with case law and the rule of lenity established in its law, that defendant's simultaneous possession at one time and place of 15 images depicting child pornography constituted a single violation of NRS 200.730. Therefore, the State proved one, not 15, violations. The court concluded that defendant's remaining claims are either meritless or harmless. Accordingly, the court affirmed in part, vacated in part, and remanded for entry of an amended judgment of conviction.
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