Ibarra (Gabriel) v. State

Summary

The Nevada Supreme Court, sitting en banc, affirmed Gabriel Ibarra's conviction involving the taking of a cellular phone. The court addressed whether deceitfully asking to borrow the phone while intending to steal it constituted taking the property without the owner's consent under NRS 205.270. Justice Stiglich, joined by Chief Justice Cherry, dissented.

Questions Presented

1. Whether deceit in obtaining possession of a cellular phone while intending to steal it renders the taking without the other person's consent under NRS 205.270.

Disposition

affirmed