Anderson v. State

OPINION

By the Court,

Maupin, J.:

In this case we consider whether a trial jury may properly convict a defendant charged with driving under the influence of intoxicants based upon alternate theories of criminality. We also consider whether prosecutorial misconduct requires reversal of a conviction based upon conflicting evidence.

FACTS AND PROCEDURAL HISTORY

On May 12, 2001, at approximately 4:30 in the afternoon, Nevada Highway Patrol Troopers Scott Simon and David Stauf-facher observed a blue and white pickup traveling in the opposite direction on U.S. 93 in White Pine County, Nevada. Both…