Holbrook v. State

OPINION

By the Court,

Thompson, C. J.:

The appellant, convicted of the theft of an automobile, asks that we annul his conviction on the ground that the trial court refused to instruct the jury regarding the lesser offense of tampering with a vehicle. He contends that the misdemeanor of tampering, NRS 205.274(2), is included within the felony of grand larceny, NRS 205.220. Moreover, he challenges the sentence imposed.

The appellant misappropriated an automobile from the Yer-ington High School parking lot. About four hours later he was arrested in Tonopah, Nevada, since the automobile he was…