Washington V. Pacheco

Herbert Pacheco appeals his convictions for conspiracy to commit first degree murder, two counts of attempted delivery of a controlled substance and two counts of conspiracy to deliver a controlled substance. He contends that the trial court erred in denying his motions: (1) to dismiss charges of conspiracy to commit first degree murder and conspiracy to deliver a controlled substance; (2) to exclude audiotapes made as part of an investigation conducted by the Clark County Sheriff; (3) to exclude the testimony of a police informant; and (4) to dismiss all charges based on the State's failure to preserve evidence. He also asserts that  "it was error for the prosecuting attorney to cross examine the defendant before the jury regarding the pretrial motion to suppress tape recordings"; that he received ineffective assistance of counsel; that the trial court erred in instructing the jury that the substantial step required to prove criminal conspiracy could be taken by any one of the conspirators, including an undercover police officer; that there was insufficient evidence to support his convictions on both counts of attempted delivery of a controlled substance; and that the trial court erred in determining the standard range sentence on Pacheco's convictions for conspiracy to deliver a controlled substance. We affirm all of Pacheco's convictions; however, we reverse the sentences on the two counts of conspiracy to deliver a controlled substance and we remand for resentencing on those counts.