Gaitor v. State

*787OPINION

By the Court,

Mowbray, J.:

Sometime around 8:30 p.m. on September 9, 1988, the victim, James Lockhart was approached by two men while walking in a parking lot near 7th and Carson Streets in Las Vegas, Nevada. One of the men called, “Hey, you!” and Lockhart turned and saw the faces of the men who were standing about an arm’s length away.

Lockhart was grabbed by one of the men and an altercation ensued. He felt a hand go into his back pocket where he kept his wallet, and the wallet either fell out of his pocket, or was taken by the assailants. Lockhart was then thrown to the earth, and his…