Wicker v. State, 603 P.2d 265 (Nev. 1979). · Go Syfert
Wicker v. State, 603 P.2d 265 (Nev. 1979). Cases Citing This Book View Copy Cite
24 citation events (10 in the last 25 years) across 2 distinct courts.
Strongest positive: Ortiz v. State (nev, 2024-04-04)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Ortiz v. State
Nev. · 2024 · confidence medium
SUPREME COURT OF NEVADA 5 (01 1947A penetrated the victim, then forcibly engaged her in sexual intercourse), overruled on other grounds by Ro.sas v. State, 122 Nev. 1258, 1266 , 147 P.3d 1101 , 1107 (2006), abrogated on other grounds by Alotaibi v. State, 133 Nev. 650 , 404 P.3d 761 (2017); Hutchins v. State, 110 Nev. 103, 113 , 867 P.2d 1136, 1143 (1994) (upholding four counts of sexual assault for four methods of penetration occurring during a single attack), holding modified on other grounds by Mendoza v. State, 122 Nev. 267, 275-76 , 130 P.3d 176, 181 (2006); Deeds v. State, 97 Nev. 216, 2…
cited Cited as authority (rule) Brisbane (Omar) v. State
Nev. · 2016 · confidence medium
Wicker v. State, 95 Nev. 804, 806 , 603 P.2d 265, 266-67 (1979); see also Deeds v. State, 97 Nev. 216, 217 , 626 P.2d 271, 272 (1981).
cited Cited as authority (rule) Wright v. State
Nev. · 1990 · confidence medium
Deeds v. State, 97 Nev. 216, 217 , 626 P.2d 271, 272 (1981); Wicker v. State, 95 Nev. 804, 806 , 603 P.2d 265, 266-67 (1979).
discussed Cited "see" Hicks v. State (2×)
Nev. · 1980 · signal: see · confidence high
See Wicker v. State, 95 Nev. 804 , 603 P.2d 265 (1979).
discussed Cited "see, e.g." Gaxiola v. State (2×)
Nev. · 2005 · signal: see also · confidence low
Id. at 650 , 799 P.2d at 549-50 ; see also Wicker v. State, 95 Nev. 804, 806 , 603 P.2d 265, 267 (1979) (explaining that, statutorily, the accused performed separate acts and could be convicted of a separate offense for each act notwithstanding the short period of time between acts). 103 Nev. 113, 121 , 734 P.2d 705, 710 (1987).
examined Cited "see, e.g." Crowley v. State (4×)
Nev. · 2004 · signal: see also · confidence low
Id. at 650 , 799 P.2d at 549-50 ; see also Wicker v. State, 95 Nev. 804, 806 , 603 P.2d 265, 267 (1979) (explaining that, statutorily, the accused performed separate acts and could be convicted of a separate offense for each act notwithstanding the short period of time between acts). 103 Nev. at 121, 734 P.2d at 710 .
discussed Cited "see, e.g." Turner v. Housewright (2×)
D. Nev. · 1984 · signal: see also · confidence low
See also Wicker v. State, 95 Nev. 804, 805 , 603 P.2d 265, 266 (1979) (where there is conflicting testimony, the factfinder’s determination will not be disturbed where there is substantial evidence to support it.) Turner next argues that he was denied his constitutional right to counsel at a critical stage of the proceedings.
Retrieving the full opinion text from the archive…
JAMES RICK WICKER, Appellant,
v.
THE STATE OF NEVADA, Respondent
10679.
Nevada Supreme Court.
Nov 30, 1979.
603 P.2d 265
Morgan D. Harris, Public Defender, and Thomas R. Jarrett, Deputy Public Defender, Clark County, for Appellant., Richard H. Bryan, Attorney General, Carson City; Robert J. Miller, District Attorney, and H. Leon Simon, Deputy District Attorney, Clark County, for Respondent.
Per Curiam.
Cited by 12 opinions  |  Published

[*805] OPINION

Per Curiam:

Appellant James Rick Wicker contends we must reverse his conviction for one count of rape and three counts of the infamous crime against nature because (1) the evidence adduced at his trial was insufficient to support the verdict and (2) the district court erred by refusing to give the jury several proposed instructions. We disagree.

The two female victims of the crimes testified at the trial that on May 3, 1977, Wicker and a companion forcibly entered the victims’ apartment. Wicker thereafter forced the first victim to submit to intercourse and sodomy with him and to perform fellatio upon him. He also forced the other victim to perform fellatio.

Wicker testified in his own defense that the sexual acts were committed with consent, and that no force or coercion occurred. The jury, however, did not believe Wicker, and convicted him of the aforementioned crimes. [1]

1. Wicker argues that his conviction cannot stand because the evidence presented at the trial was insufficient to establish that he committed the sexual acts without the consent of the victims.

This court has^often stated that where there is conflicting testimony presented at a criminal trial, it is within the province of the jury to determine the weight and credibility of the testimony, and the verdict will not be disturbed on appeal on the ground that it is contrary to the evidence where there is substantial evidence to support it. Hankins v. State, 91 Nev. 477, 538 P.2d 167 (1975). Here, there was substantial evidence to support the verdict. See Henderson v. State, 95 Nev. 324, 594 P.2d 712 (1979).

[*806] 2. Wicker also contends the district court committed reversible error by refusing to instruct the jury that Wicker could be convicted, if at all, of only one offense relating to the first victim because all of the individual sexual acts committed upon her were part of one continuous and uninterrupted activity, and the legislature intended that such activity could give rise to only one charge. This contention is also without merit.

The statutes under which Wicker was convicted, see n. 1, supra, established separate and distinct sex offenses. See Dinkens v. State, 92 Nev. 74, 546 P.2d 228 (1976); Hogan v. State, 84 Nev. 372, 441 P.2d 620 (1968). Cf. Burks v. State, 92 Nev. 670, 557 P.2d 711 (1976). The offenses charged against Wicker under these statutes resulted from separate acts committed on the person of the first victim. Wicker was therefore properly convicted of each separate crime, even though the acts were all committed within a relatively short time. People v. Slobodion, 191 P.2d 1 (Cal. 1948).

Affirmed.

1

The statutes under which Wicker was convicted provided in pertinent part:

NRS 200.363(1). Forcible rape is the carnal knowledge of a female against her will. A person convicted of forcible rape shall be punished. ...”
NRS 201.190(1). [E]very person of full age who commits the infamous crime against nature shall be punished. . . .”

In 1977, the legislature repealed NRS 200.363 and amended NRS 201.190. 1977 Nev. Stats, ch. 598.