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Crawford v. State10/20/2005
ling Dugan during the perpetration or attempted perpetration of a burglary that occurred when Crawford entered Dugan's residence with the intent to assault, batter, or kill Dugan.
The jury found Crawford guilty of first-degree murder with the use of a deadly weapon. Following the penalty phase of the trial, and in accord with the jury's sentencing verdict, the district court sentenced Crawford to serve two consecutive terms of life in the Nevada State Prison with the possibility of parole. Crawford will be eligible for parole after he serves a minimum of 40 years. This appeal followed.
DISCUSSION
The "Bedroom" Burglary Instruction
Crawford contends that the district court erred in instructing the jury that " ny person, who by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, other building, automobile or other vehicle with the specific intent to commit assault and/or battery and/or to kill is guilty of burglary." (Emphasis added.) Specifically, Crawford asserts, this instruction violated his right to due process because it permitted the jury to convict him based upon a theory of felony murder that was not alleged in the amended information and of which he had no prior notice, i.e., that he committed burglary after he entered the house and when he stepped across the threshold of Dugan's bedroom.
The district court has broad discretion to settle jury instructions, and this court reviews the district court's decision for an abuse of that discretion or judicial error. "An abuse of discretion occurs if the district court's decision is arbitrary or capricious or if it exceeds the bounds of law or reason." We perceive no abuse of discretion or judicial error. The instruction correctly stated the law and summarized the statutory definition of burglary. Furthermore, at trial, the State did not present a "bedroom burglary theory," but instead argued, as alleged in the information, that Crawford entered Dugan's residence with the intent to assault, batter or kill her. The State never departed from its theory of the case; nor did it pursue an unnoticed theory of criminal culpability. Crawford's contention is without merit.
The Proposed Unanimity Instruction re: Burglary
Crawford argues that the district court erred in refusing his proposed jury instruction stating: "You must be unanimous on the burglary allegation before any of you may consider the charge of Felony Murder." Citing to Apprendi v. New Jersey, Crawford argues that the jurors should have been required to unanimously agree on the underlying felony of burglary before they deliberated on the felony-murder charge. We disagree.
First, although the commission of the underlying burglary is an essential element of the offense of felony murder, there is no requirement that any of the jurors must consider that element first in deliberating on a felony-murder charge. The district court properly instructed the jury on the elements of felony murder as follows:
There are certain kinds of Murder in the First Degree which carry with them conclusive evidence of premeditation, deliberation and malice aforethought. One of these classes of First Degree Murder is a killing committed in the perpetration or attempted perpetration of Burglary. Therefore, a killing which is committed in the perpetration or attempted perpetration of a Burglary is deemed to be Murder in the First Degree, whether the killing was intentional or unintentional or accidental. This is called the Felony-Murder Rule.
This Felony-Murder rule may be applied to this case even though the Defendant has not been charged with the crime of Burglary.
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