Court invalidates redundant porn production convictions

Friday, June 24, 2005 | 8:45 a.m.

The Nevada Supreme Court on Thursday upheld the conviction of Wiley G. Wilson for using a 10-year-old girl in the production of pornography and four counts of possession of pornography. The court invalidated three counts of production of pornography for which he had been convicted, however.

Wilson was convicted in 2003 in Las Vegas of taking four pictures of the girl while she was undressing in the back of his Ford Bronco in November 2001. He was sentenced to four consecutive life terms with parole on the production counts and four terms of 24 to 72 months on the possession charges to run concurrently with the other counts.

The court agreed with Wilson that the four counts of production of pornography were redundant convictions because they referred to a single incident. The decision noted that "it was not the legislative intent to separately punish multiple acts that occur close in time and make up one course of criminal conduct."

The court ordered the case back to District Judge Michelle Leavitt to resentence Wilson and wipe out three of the four life terms.

The court also voided four of the 12 convictions of Ramon Jacobo Garcia, found guilty of robbing four stores in Las Vegas in July 2001. Garcia, his brother Juan Garcia and Juan Cota and Juan Castaneda were arrested in the robberies of Fuel Injections Systems, Carniceria Los Alamitos, B. & H Radiators and Silver Dollar Family Discount Store.

Garcia was sentenced to a minimum of 26 years and a maximum of four consecutive life sentences. The court overturned three counts of false imprisonment and one count of conspiracy to commit robbery.

The court said the false imprisonment convictions were part of and incidental to the attempted robbery conviction. At the Silver Dollar Family Discount Store, Garcia locked the owner and his wife and a customer in a back office.

The court also voided the conviction of conspiracy to commit burglary at the Silver Dollar store but affirmed the conviction of conspiracy to commit robbery.