10 n 2 13 uM as 16 uv 18 19 20 au 22. 24 25 26 || Indictment, due to the lack of jurisdiction of the Second Judicial District grand jury aa] FILED Electronically oni oda? 2019.04"18 0900-16 P eaten poate CODE 2290 Transaction # 722768" jaa JOHN L. ARRASCADA, # 4517 GIANNA VERNESS, # 7084 KATHERYN HICKMAN, #11460, 350 S. CENTER STREET, 5TH FLOOR RENO, NV 89520-3083 (775) 387-4800 Attomey for Petitioner IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE THE STATE OF NEVADA, Plaintiff, CASE NO: CR19-0447 v. DEPT. NO.: 4 WILBER ERNESTO MARTINEZ GUZMAN, Defendant. Se acc eeeeeere MOTION TO DISMISS COUNTS THREE, FOUR, FIVE AND SIX OF THE INDICTMENT FOR LACK OF JURISDICTION (D-1) Comes now, Wilber Ernesto Martinez Guzman, by and through his attorneys of record, John L. Arrascada, Gianna Verness, and Katheryn Hickman, and hereby moves this Court for an Order dismissing Counts three, four, five and six of the to inquire into these alleged offenses. rez20 12 13. 4 45 16 uw 18 19 20 22 23 24 25 26 ‘This motion is based upon the attached Points and Authorities, and any oral Jor documentary evidence that may be presented at a hearing on this matter, ! Further, if necessary, Mr. Martinez Guzman requests a hearing on this motion. POINTS AND AUTHORITY. On March 13, 2019, the State presented a proposed indictment to the sitting Washoe County grand jury. The proposed indictment contained ten counts, four of which occurred in thoir entirety in Douglas County, Nevada. These include Count Three, Murder with the Use of a Deadly Weapon; Count Four, Burglary while in Possession of a Firearm; Count Five, Murder with the Use of a Deadly Weapon; and Count Six, Burglary whilo in Possession of a Firearm. These four counts will be xeferred to in this motion collectively as the “Douglas County Charges.” The Washoe County grand jury did not have jurisdiction to consider or indict Mr. Martinez Guzman on the Douglas County Charges. Bach of the alleged acts relating to the Douglas County charges occurred solely in Douglas County. Nono of the alleged acts specifically related to the Douglas County charges occurred in Washoe County. See Grand Jury Transcript. Because the Douglas County charges did not occur in Washoe County, the Washoe County grand jury did not have jurisdiction or authority to consider whether to indict Mr. Martine Guzman on Counts three, four, five or six. ‘The grand jury is a body created by, and empowered by statute, and is therefore limited to the power granted to it in the plain language of those statutes. By statute a grand jury is authorized to “inquire into all public offenses triable in10 a 12 13 aa as 16 22 23. 24 25, 26 the district court or in a Justice Court, committed within the territorial jurisdiction of the district court for which it is impaneled.” NRS 172.105(2) Gtalics added). Douglas County is in the Ninth Judicial District of the State of Nevada while Washoe County constitutes the Second Judicial District. See NRS 3.010. Pursuant to statute, a grand jury empancled in the Second Judicial District only has the jurisdiction to consider an indictment alleging criminal conduet that occurred within Washoe County. By considering and indicting on evidence of actions that allegedly occurred solely in Douglas County, the grand jury exceeded the clear expressed statutory authority of its jurisdiction, ‘The indictment as to the Douglas County Charges must be dismissed. CONCLUSION Based on the foregoing, the Douglas County Charges should be dismissed. paren enict B Day of, Bees \ __. 2019, JOHN L. ARRASCADA Washoe County Public Defender By. IN L. ARRASCADA. Defender ‘Washoe County Pul