Timothy Lee Hobbs, Appellant v. the State of Nevada, Respondent

Summary

The Nevada Supreme Court held that spitting on another is a battery under NRS 200.481 because it satisfies the statute’s “use of force or violence” requirement, and that the State failed to prove the existence and constitutional validity of Hobbs’ prior domestic‑battery misdemeanor convictions, rendering the felony enhancement and habitual‑criminal sentencing invalid. The court affirmed the battery conviction, reversed the felony enhancement, and remanded for resentencing as a misdemeanor.