State v. CRYSTAL B.

2001 NMCA 010, 24 P.3d 771, 130 N.M. 336
CourtNew Mexico Court of Appeals
DecidedNovember 30, 2000
Docket20,837
StatusPublished
Cited by13 cases

This text of 2001 NMCA 010 (State v. CRYSTAL B.) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. CRYSTAL B., 2001 NMCA 010, 24 P.3d 771, 130 N.M. 336 (N.M. Ct. App. 2000).

Opinion

OPINION

BUSTAMANTE, Judge.

{1} The Child appeals a conditional consent decree. She claims on appeal that the trial court erred in denying her motion to suppress evidence. We requested that the parties brief the appealability of a conditional consent decree under the Children’s Code. We determine that, under the facts and circumstances of this case, the consent decree is appealable. We reverse the trial court’s determination on the Child’s motion to suppress, holding that the seizure by the assistant principal was unreasonable and that evidence obtained after that seizure must be suppressed.

APPEALABILITY OF CONDITIONAL CONSENT DECREE

{2} It has long been the rule that an appeal will not lie from anything other than a final written order or judgment. “The final judgment rule appears to be incorporated into children’s court delinquency proceedings.” In re Larry K, 1999-NMCA-078, ¶ 4,127 N.M. 461, 982 P.2d 1060. Under the Children’s Code, a final judgment contemplates a determination that the child committed a delinquent act and that the child is in need of care or rehabilitation. See NMSA 1978, § 32A-2-18 (1996); Rule 10-230 NMRA 2000; see also State v. Doe, 90 N.M. 249, 561 P.2d 948 (Ct.App.1977). Thus, appeals are permitted from disposition of an adjudicated delinquent child as that is the final act that the trial court must complete to dispose of the case.

{3} A consent decree under the Children’s Code allows the delinquency proceeding to be suspended before entry of judgment by placing the Child under supervision for a period of six months. See NMSA 1978, § 32A-2-22(A) (1995). The child is placed under supervision for a period of six months. If that supervision is successfully completed, the charge of delinquency is dismissed. Thus, a consent decree is not the final act that the trial court must complete to dispose of a ease.

{4} There is, however, a construction of finality that allows an appeal to alleviate hardship that would accrue where “the consequences of the order that is not the last contemplated order in the case are sufficiently severe.” State v. Durant, 2000-NMCA-066, ¶ 8,129 N.M. 345, 7 P.3d 495. Thus, if a party is “sufficiently aggrieved” by the order even though it is not the last order contemplated in the case, an appeal will be allowed.

{5} Here, we believe that the consequences of the consent decree sufficiently aggrieve the Child such that her appeal should be allowed. The court sentenced the Child to six months’ probation under strict conditions, including drug testing. Only upon satisfactory completion of those conditions would the charges against her be dismissed. Further, we believe that there might be future consequences attendant upon the consent decree. Even though the charges may be dismissed, the fact of the charges and the consent decree may be considered if other charges arise while she is a child. See NMSA 1978, § 32A-2-19 (1996) (giving sentencing court wide discretion in considering all manner of information before making disposition of delinquent child).

{6} Finally, we note that if we were to hold that the consent decree was not appeal-able, the Child would have no avenue to seek review of the denial of her motion to suppress. See N.M. Const, art. VI, § 2 (providing that an aggrieved party has an absolute right to one appeal). We hold that the Child is allowed to appeal the conditional consent decree in this case.

MOTION TO SUPPRESS

Standard of Review

{7} We review the trial court’s ruling on a motion to suppress to determine whether the law was correctly applied to the facts, viewing those facts in the light most favorable to the court’s ruling. See State v. Ingram, 1998-NMCA-177, ¶ 5,126 N.M. 426, 970 P.2d 1151. We do not disturb the trial court’s findings of historical fact if they are supported by substantial evidence. See State v. Tywayne H., 1997-NMCA-015, ¶5, 123 N.M. 42, 933 P.2d 251. The application of the law to those facts is a matter we review de novo. See id. Determining whether a seizure and search are reasonable under the law is a legal determination for this Court. See In Re Josue T., 1999-NMCA-115, ¶ 14, 128 N.M. 56, 989 P.2d 431.

Facts

{8} On the day in question, the Child was walking to school with friends. Before reaching school property and before school started, they stopped to talk with others who were smoking cigarettes. There they were approached by assistant principal Kline who ordered the students into his car. He took them to his office at the school where he searched each one.

{9} Kline testified that before school that day a student informant had approached him and the public safety officer and told them that the Child and two other girls had walked off campus and were smoking in the alley. Based on this information, Kline drove off campus in search of the girls. Kline testified he believed that he had an obligation to go off campus and fetch truants. He also testified he understood the school district had a policy establishing a 1,000-foot “school zone.” He testified he went off campus to fetch students about 40 to 50 times a year.

{10} Kline testified that when he found the Child and three other students, he did not observe any of the students smoking. Nevertheless, he ordered them into his car in order to take them to school. It appears he had to repeat the order to Crystal at least twice as she did not want to get in his car. However, because he was already angry, she complied, not wanting to get in further trouble.

{11} Kline drove the students to school. However, rather than letting them go to their °classes, he detained them in his outer office while he called each individually into his office to be searched. He explained to each that there was a suspicion that the students were truant and smoking. He then asked each if they had been smoking and if they were in possession of cigarettes. Next, he conducted a search of their bags and pockets. The Child was the last to be questioned and searched. He did not find any cigarettes on any of the students but did find a small marijuana roach at the bottom of the Child’s book bag. The Child denied any knowledge of it.

{12} Kline suspended the Child from school for nine days. She was then turned over to the school safety officer, who field tested the roach and called the Child’s mother. The Child made a statement to her mother regarding the roach, which the officer wrote down.

{13} The Child was then charged on a delinquency petition for being in possession of marijuana. She moved to suppress the evidence seized. The trial court determined that Kline had acted reasonably in going off campus to fetch the students, even though they were not truant. The comí; further determined that the detention and search were reasonable to investigate a report of smoking by these students. Thereafter, the Child entered into a conditional consent decree, explicitly reserving the right to appeal the denial of her suppression motion.

Discussion

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Cite This Page — Counsel Stack

Bluebook (online)
2001 NMCA 010, 24 P.3d 771, 130 N.M. 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-crystal-b-nmctapp-2000.