Nevada’s Intermediate Appellate Court has rejected David Alan Stone’s appeal of his conviction on charges he sexually assaulted a boy under the age of 14.
He argued there was insufficient evidence to support the conviction but the three-member court disagreed pointing out he was convicted by a jury and it’s the jury’s job, not the court’s, to weigh the evidence.
The victim, who was 12 at the time, testified Stone sexually abused him on two different occasions.
Stone was sentenced to two consecutive terms of life in prison with the possibility of parole.
The court ruled based on the evidence a jury could conclude there was sufficient evidence to support the convictions.
Stone also argued District Judge Todd Russell erred by admitting prior bad act evidence. That evidence was the testimony by three others who said they had earlier been sexually assaulted by Stone. Russell found their testimony credible and allowed it before the jury. The appellate judges ruled the testimony was credible and relevant.
“We conclude that there was no manifest error in determining the probative value of the evidence was not substantially outweighed by the danger of unfair prejudice to Stone,” they wrote in affirming the conviction.
Stone was arrested in February of 2013 for crimes that happened in October 2011.
