State v. Boyett

2008 NMSC 030, 185 P.3d 355, 144 N.M. 184
CourtNew Mexico Supreme Court
DecidedApril 28, 2008
Docket29,730
StatusPublished
Cited by70 cases

This text of 2008 NMSC 030 (State v. Boyett) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Boyett, 2008 NMSC 030, 185 P.3d 355, 144 N.M. 184 (N.M. 2008).

Opinion

OPINION

SERNA, Justice.

{1} Defendant Cecil Boyett appeals from his conviction for the first degree murder of Deborah Rhodes (Victim), contrary to NMSA 1978, Section 30-2-1(A) (1963, as amended through 1994). He alleges that the trial court erred in refusing to instruct the jury on his theory of the case and in denying his motion for a new trial. We discern no error and affirm Defendant’s conviction.

I. BACKGROUND

{2} Defendant and Victim had a rancorous history. The enmity that each harbored for the other apparently had its roots in a romantic interest that both had in Renate Wilder (Wilder).

{3} Wilder and Victim were childhood friends who eventually moved in together and started an intimate relationship. Although their romance ended, the two remained close friends, living and working together. Wilder later met Defendant, and the two became romantically involved. Wilder eventually supplanted Victim’s presence in her life with that of Defendant. She fired Victim from her bar and gave Victim’s former job to Defendant. She ousted Victim from her home with the help of a restraining order and invited Defendant to move in. At one point, Victim discovered the entwined couple near the hot tub behind Wilder’s house. Enraged, Victim retrieved a gun from the house and used it to threaten the couple. Disdain developed between Defendant and Victim, and Victim only occasionally returned to Wilder’s home after she was forced out.

{4} Following a protracted courtship, Wilder and Defendant planned to marry on February 6, 2004. A few days prior to her wedding, Wilder absconded from the home that she shared with Defendant. She spent that time with Victim and did not tell Defendant where she was or what she was doing. Wondering as to her whereabouts, Defendant engaged in a variety of activities aimed at locating her but was unsuccessful in his attempts; he rightfully suspected that she was with Victim although he was unable, at that time, to confirm his suspicions.

{5} On the afternoon of February 5, 2004, Wilder departed Victim’s company to return to her own home but had a car accident along the way. The accident occurred near Victim’s residence and, for a variety of reasons, Victim offered to claim responsibility for it. Wilder accepted and departed the scene on foot, walking back to the house that she shared with Defendant. Shortly after Wilder returned to the house, Victim arrived. Victim’s visit concluded when Defendant shot her in the head with a .357 revolver from approximately four feet away, but the events leading to that end were disputed at trial.

{6} The State successfully argued to the jury that Defendant hated Victim, was furious with her for having kept Wilder away without telling him about it, and shot her that afternoon to put an end to her meddling in the couple’s affairs. The State theorized that Victim went to the house to return Wilder’s keys and makeup bag, which she had forgotten in the wrecked car. The State argued that before Victim could accomplish that goal, Defendant opened the front door, shouted at her to leave the property, and then immediately shot her.

{7} Defendant’s version of events was quite different. He claimed that Victim came to the house that day intent on killing him to prevent his impending marriage to Wilder. Defendant testified that he heard a loud banging at the front door, grabbed the gun that he kept nearby, and opened the door only to find a furious Victim on the doorstep. Defendant said that he shouted at Victim, telling her to get off his property, but in the process of trying to run her off, he observed her draw the gun that he knew she routinely carried. In fear for his life, Defendant raised his revolver and shot Victim. Defendant asserted that if he had not shot her, she would have fired her gun and fatally wounded him.

{8} Defendant had two theories of the ease. First, he argued that he was not guilty because he acted lawfully in shooting Victim, either in self defense, defense of another, or defense of habitation. Second, he argued that he was not guilty because he was unable to form the specific intent necessary to commit first degree murder. To establish his theory that he lacked specific intent, Defendant filed a Notice of Incapacity to Form Specific Intent (Notice) with the trial court. Although his Notice listed three expert witnesses who could have testified in support of the defense, Defendant did not produce an expert witness at trial. The expert that Defendant expected to testify regarding his specific intent, Dr. Lori Martinez, withdrew on the eve of her scheduled testimony after receiving police reports and other records from the State. Defendant did not offer testimony from the other experts listed in his Notice, nor did he seek a continuance to procure such testimony.

{9} Defendant requested that the jury be instructed on both theories. The trial court concluded that the jury instruction related to defense of habitation, UJI 14-5170 NMRA, did not apply in this case because Defendant did not shoot Victim inside his home. The trial court denied Defendant’s instruction on inability to form specific intent, UJI 14-5110 NMRA, because it required expert testimony and none had been provided. Based on the instructions that it was given, the jury convicted Defendant of first degree murder.

{10} After the verdict, Defendant filed a motion for a new trial. He alleged that he was surprised by Dr. Martinez’s withdrawal and was unable to replace her when she refused to testify. Defendant also contended that the State had intimidated Dr. Martinez by providing her with the previously unseen reports and statements. Defendant argued that he was “without the ability to obtain another expert to testify to [the specific intent] matter,” and thus he should be granted a new trial in which he could offer such expert testimony. The trial court denied Defendant’s motion for a new trial and sentenced him to life in prison.

{11} Defendant is now before this Court on direct appeal. See N.M. Const, art. VI, § 2 (“Appeals from a judgment of the district court imposing a sentence of ... life imprisonment shall be taken directly to the supreme court.”); accord Rule 12-102(A)(1) NMRA. He challenges the trial court’s refusal to instruct the jury on defense of habitation and inability to form specific intent, as well as its denial of his motion for a new trial. Concluding that the trial court made the proper ruling on those issues, we affirm Defendant’s conviction. We write to clarify the law governing defense of habitation and to elucidate the evidentiary requirement for a jury instruction on inability to form specific intent.

II. DEFENDANT WAS NOT ENTITLED TO THE REQUESTED JURY INSTRUCTIONS

A. Standard of Review

{12} “The propriety of denying a jury instruction is a mixed question of law and fact that we review de novo.” State v. Gaines, 2001-NMSC-036, ¶ 4, 131 N.M. 347, 36 P.3d 438. A defendant is entitled to an instruction on his or her theory of the case if evidence has been presented that is “sufficient to allow reasonable minds to differ as to all elements of the offense.” State v. Gonzales, 2007-NMSC-059, ¶ 19, 143 N.M. 25, 172 P.3d 162.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Ricoy
New Mexico Supreme Court, 2025
State v. Valencia
New Mexico Supreme Court, 2025
State v. Cervantez
New Mexico Court of Appeals, 2024
State v. Huble
New Mexico Supreme Court, 2024
State v. Maliszewski
New Mexico Court of Appeals, 2024
State v. Galindo
547 P.3d 112 (New Mexico Supreme Court, 2023)
State v. Coble
536 P.3d 519 (New Mexico Court of Appeals, 2023)
State v. Hixon
New Mexico Court of Appeals, 2023
State v. Yepez
2021 NMSC 010 (New Mexico Supreme Court, 2021)
State v. Smith
New Mexico Court of Appeals, 2019
State v. Torres
New Mexico Court of Appeals, 2019
State v. Anderson
New Mexico Court of Appeals, 2019
State v. Aguilar
New Mexico Court of Appeals, 2019
State v. Beard
New Mexico Court of Appeals, 2019
Boyett v. Smith
Tenth Circuit, 2019
State v. Bowen
New Mexico Court of Appeals, 2018
Pauly v. White
874 F.3d 1197 (Tenth Circuit, 2017)
State v. Smiley
New Mexico Court of Appeals, 2017
State v. Brown
New Mexico Court of Appeals, 2016
State v. Sarabia
New Mexico Court of Appeals, 2016

Cite This Page — Counsel Stack

Bluebook (online)
2008 NMSC 030, 185 P.3d 355, 144 N.M. 184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-boyett-nm-2008.