from a judgment of conviction, pursuant to a jury verdict, of
conspiracy to commit robbery, burglary, robbery, and
first-degree kidnapping. Eighth Judicial District Court,
Clark County; Valerie Adair, Judge.
Marchese Law Offices, PC, and Jess R. Marchese, Las Vegas,
Paul Laxalt, Attorney General, Carson City; Steven B.
Wolfson, District Attorney, and Jonathan VanBoskerck, Chief
Deputy District Attorney, Clark County, for Respondent.
DOUGLAS, GIBBONS and PICKERING, JJ.
appeal, we are asked to analyze issues related to dual
convictions for first-degree kidnapping and robbery, as well
as the sufficiency of the warning given pursuant to
Miranda v. Arizona, 384 U.S. 436 (1966). Appellant
Tommy Stewart, along with another unidentified man, demanded
entry into victim Natasha Lumba's apartment at gunpoint,
ordered Lumba to lie face down in her bedroom while being
guarded, and stole electronics, cash, and other personal
items from the i apartment. After a three-day jury trial,
Stewart was found guilty on all counts and given a sentence
of life with the possibility of parole. On appeal, Stewart
argues that (1) there was insufficient evidence to support a
conviction of both robbery and kidnapping and (2) the
Miranda warning j given by police was legally
that (1) there was sufficient evidence to support
Stewart's convictions for kidnapping and robbery and (2)
the Miranda warning was legally sufficient.
Accordingly, we affirm the district court's judgment of
AND PROCEDURAL HISTORY The crime
January 20, 2015, Stewart and another unidentified man
approached Lumba as she entered her apartment, held her at
gunpoint, and told her to let them into the apartment. Once
in the apartment, the men told Lumba to lie face down on the
ground in the back bedroom. The men took turns guarding Lumba
while ransacking her apartment and looking for things to
steal. While Lumba was on the floor, one of the attackers put
his hand under her bra and underwear to search for money or
items she might have concealed.
approximately 10 or 15 minutes, the two men finished their
search of the apartment. Just before leaving, the two men
told Lumba not to call the police or they would come back to
kill her. The two men left Lumba's apartment, taking with
them various electronics and cash. Lumba later called 911,
and Las Vegas Metropolitan Police Department (LVMPD)
personnel arrived on scene.
their investigation, LVMPD evidence technicians found
Stewart's fingerprints on Lumba's jewelry box.
Additionally, LVMPD detectives conducted a follow-up
interview and photographic lineup, wherein Lumba identified
two potential suspects, one of whom was Stewart. The LVMPD
located Stewart and detained him for further questioning.
to questioning, an LVMPD detective read Stewart the warning
from the LVMPD Miranda card:
You have the right to remain silent. Anything you say can be
used against you in a court of law. You have the right to
have the presence of an attorney during questioning. If you
cannot afford an attorney one will be appointed ...