Steve Wynn

Werwinski wrote to Phillips' Las Vegas post office box instructing Phillips that all future contact should be made only through Werwinski. Werwinski stated that he believed Phillips was an absolute threat to the Wynns.

Evidence was also presented that a person identifying himself as either Donald Phillips or Don Vici [FN3] left two voicemail messages on Werwinski's recorder at Wynn Resorts. The messages contained a threat to kill Wynn. Werwinski informed Wynn and the police of the voicemail messages.

FN3. At times, Phillips used this name to sign his letters to Wynn.

Wynn testified that he had never met Phillips, was not related to him, and denied his allegations. A Las Vegas police detective and an FBI agent testified that they could find no substantiation for Phillips' allegations.

Phillips presented no evidence in his defense. His theory, based upon cross-examination of the State's witnesses, was that he really did believe he was Wynn's half-brother and that he did not intend to threaten Wynn, only to get what was allegedly rightfully his from their alleged joint father's estate.

The jury returned a general verdict, finding Phillips guilty of one count of aggravated stalking, twelve counts of extortion, and one count of preventing or dissuading a witness from testifying or producing evidence. The jury acquitted Phillips on the remaining extortion counts. Phillips was adjudicated as a habitual criminal and sentenced to a term of life in prison with the possibility of parole after ten years on each count. The sentences on the one count of aggravated stalking and six of the extortion counts were to run consecutively. The sentences on the remaining six counts of extortion and the one count of preventing or dissuading a witness from testifying or producing evidence were to run concurrently.

DISCUSSION Phillips raises two primary arguments on appeal: (1) a claim of common heritage does not constitute extortion under any theory of culpability enumerated in Nevada's extortion statute, and (2) the district court erred in admitting the testimony regarding his prior convictions and visits to casinos in Las Vegas. [FN4]