Dunham (John) vs. State (Nev. Supreme Ct. – Sep. 26, 2018)
A defendant was convicted of home invasion under NRS 205.067 when he entered his wife’s second home. The issue is whether the word “resides” as used in the definition of “inhabited dwelling” in Nevada’s home invasion statute, NRS 205.067(5)(b), requires the “owner or other lawful occupant” to dwell permanently or continuously.
Dunham and his wife Patricia Scripko lived in a rented home in Monterey, California. In October 2015, Scripko purchased in her name only a condominium in Stateline, Nevada. Scripko testified that she originally planned to move to Stateline, but after the purchase, she lived in both the condominium and the Monterey home. Specifically, Scripko explained that she lived and worked in Monterey but spent occasional weekends at the condominium and, at one point, spent half her time in Monterey and half her time at the condominium. Dunham and Scripko began living separately in June 2016, and Dunham moved into the condominium while Scripko remained in Monterey.