The State of Nevada v. Juan Diego ACosta

Las Vegas, Nevada criminal defense lawyer represented the Defendant charged with sexual assault.





n September 2021, Acosta was charged with two counts of sexual assault for assaulting L.P. on February 28, 2020. In February, June, and November 2022, Acosta moved to continue his jury trial for various reasons. He requested a fourth continuance in January 2023 when new trial counsel substituted in on the case.



In May 2023, Acosta moved for a fifth trial continuance. The district court granted the motion but expressly warned Acosta that it was going to be the last continuance, and "[i]f you come back and say you still got witnesses to interview, I'm not going to buy this." At the next calendar call in June 2023, Acosta requested a sixth continuance because his investigator was still interviewing witnesses. The district court asked for more specific information, but Acosta was unable to describe the investigator's efforts or what further witnesses needed to be interviewed. The district court stated that it would not grant another continuance "without something a little more specific than that," and Acosta did not respond further. The case was referred to a central calendar call a week later, and both Acosta and the State announced ready for trial.



The matter proceeded to a four-day jury trial. L.P, testified that on February 28, 2020, Acosta removed her clothing and sexually assaulted her in a shed, and when L.P. attempted to put on her clothes, Acosta pushed her into the shed wall and sexually assaulted her a second time. She testified that she did not consent to Acosta's conduct and did not have any prior sexual contact with him. Shortly after the assaults, L.P. underwent a forensic sexual assault examination, and the nurse who performed the examination testified that Acosta's DNA was found in L.P.'s cervix.



Acosta v. State, 87420-COA (Nev. App. Nov 20, 2024)

Affirmed