Dunham v. State

By the Court, HARDESTY, J.:

*12Appellant John Dunham was convicted of home invasion under NRS 205.067 when he entered his wife's second home. In this appeal, we must determine whether the word "resides" as used in the definition of "inhabited dwelling" in Nevada's home invasion statute, NRS 205.067(5)(b), requires the "owner or other lawful occupant" to dwell permanently or continuously. We conclude that the district court did not abuse its discretion in refusing Dunham's proffered instruction defining "resides" because an owner need not permanently or continuously dwell in a house for the house…