Las Vegas

FN21. Cirillo v. State, 96 Nev. 489, 492, 611 P.2d 1093, 1095 (1980); see also Brinkley v. State, 101 Nev. 676, 679-80, 708 P.2d 1026, 1028 (1985) ("The offense must tend to establish a preconceived plan which resulted in commission of the charged crime.").

FN22. Cirillo, 96 Nev. at 492, 611 P.2d at 1095.

FN23. Walker v. State, 116 Nev. 442, 447, 997 P.2d 803, 806-07 (2000) (concluding that events which were six and ten years old were clearly remote in time and less relevant to defendant's intent at time of incident).

Phillips was charged with extortion, aggravated stalking, [FN24] and preventing or dissuading a witness from testifying or producing evidence. [FN25] Evidence of the circumstances leading to Phillips' 1983 and 1992 convictions does not tend to prove a common scheme or plan to extort, stalk, or dissuade anyone from testifying in 2000 and 2001. Nor are the convictions relevant to mistake or accident. They do tend, however, to rebut Phillips' claim that he did not intend to extort money from Wynn but was only trying to claim what he honestly thought was his due as Wynn's half-brother.

FN24. NRS 200.575(1) defines stalking as willfully or maliciously engaging in a course of conduct that would cause, and actually does cause, a reasonable person to feel terrorized, frightened, intimidated or harassed. According to NRS 200.575(2), "[a] person who commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause him to be placed in reasonable fear of death or substantial bodily harm commits the crime of aggravated stalking."

FN25. NRS 199.230 defines the crime of preventing or dissuading a witness from testifying or producing evidence as: A person who, by persuasion, force, threat, intimidation, deception or otherwise, and with the intent to obstruct the course of justice, prevents or attempts to prevent another person from appearing before any court, or person authorized to subpoena witnesses, as a witness in any action, investigation or other official proceeding, or causes or induces another person to absent himself from such a proceeding or evade the process which requires him to appear as a witness to testify or produce a record, document or other object ....