State v. Guilez

1999 NMCA 127, 990 P.2d 206, 128 N.M. 93
CourtNew Mexico Court of Appeals
DecidedSeptember 24, 1999
Docket19,664
StatusPublished
Cited by8 cases

This text of 1999 NMCA 127 (State v. Guilez) 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. Guilez, 1999 NMCA 127, 990 P.2d 206, 128 N.M. 93 (N.M. Ct. App. 1999).

Opinion

OPINION

DONNELLY, J.

{1} In this case we examine the issue of whether an intoxicated person who drives a vehicle containing a friend and her two minor children may properly be charged with and convicted of both child abuse and the offense of reckless driving. Defendant seeks to overturn his convictions, arguing that the trial court erred in (1) denying his motion to dismiss the conviction for child abuse because the charge of reckless driving is the more specific offense, (2) permitting a witness to testify as an expert witness, and (3) denying his motion for a directed verdict. For the reasons discussed herein, we affirm in part and reverse in part.

FACTS AND PROCEDURAL POSTURE

{2} At approximately 10:00 p.m. on April 19,1997, well after sunset, New Mexico State Police Officer Richard D. Newman observed a truck being driven westerly on Highway 70 toward Tularosa, New Mexico. The officer testified that the truck had no headlights on and appeared to be traveling at the posted speed limit or faster. The officer gave chase and stated that in trying to catch the truck, he had to drive between eighty and ninety miles per hour. After following the vehicle for some distance, Officer Newman stated that he saw the truck turn off of Highway 70 onto Old Mescalero Road. He further testified that when the truck turned onto Old Mescalero Road, it did not appear to significantly reduce its speed, and he saw it strike a fence before coming to a stop.

{3} The officer turned on his spotlight, activated his emergency lights, and ordered Defendant, who had been driving, out of the truck. When Defendant exited the vehicle, the officer noticed that Defendant’s clothes were wet, that he smelled of alcohol, and that his eyes were bloodshot. The officer determined that Defendant’s girlfriend and her two children, ages three and six, had accompanied Defendant and were passengers in the truck. Defendant is the father of the youngest child.

{4} When the officer questioned Defendant concerning why he was driving without the headlights on, he responded that he knew the truck’s lights were not working but that he had decided to drive home anyway. Defendant stated that he had only had one beer. The officer then administered three field sobriety tests to Defendant, which the officer stated Defendant failed. The officer also testified that Defendant had a .10 breath-alcohol test reading, had slurred speech, and exhibited noticeable problems maintaining his balance. Officer Newman testified that when he approached the truck, the only child buckled in a seatbelt was Amanda, age six. Based on this evidence, Defendant was charged with DWI, contrary to NMSA 1978, § 66-8-102 (1993); knowingly permitting the children to be placed in a situation that may endanger the children’s lives or health, contrary to NMSA 1978, § 30-6-1(0(1) (1989); and reckless driving, contrary to NMSA 1978, § 66-8-113 (1987).

{5} Defendant pled guilty to the offense of DWI, but contested the charges of child abuse and reckless driving. Following a jury trial, Defendant was convicted of both child abuse and reckless driving. He has not challenged the validity of his conviction of DWI. DISCUSSION

{6} Defendant asserts that the trial court erred in requiring him to defend against the charge of child abuse as set forth in Section 30-6-1(0(1) because under the general/speeific rule, the offense of reckless driving, with which he was also charged, constitutes the more specific offense applicable to situations where the alleged act of endangerment to others involves the use of a motor vehicle. Responding to this argument, the State contends that the general/specifie rule relied upon by Defendant is inapplicable under the circumstances existing here because Section 30-6-1(0 1 does not include the same elements as Section 66-8-113(A). 2

{7} Interpretation of a statute is a question of law which a reviewing court determines de novo. See State v. Cleve, 1999-NMSC-017, ¶ 7, 127 N.M. 240, 980 P.2d 23; State v. Arellano, 1997-NMCA-074, ¶ 3, 123 N.M. 589, 943 P.2d 1042. The ultimate objective in interpreting the language of a statute is to discern and give effect to the intent of the Legislature. See Arellano, 1997-NMCA-074, ¶ 3, 123 N.M. 589, 943 P.2d 1042. In ascertaining legislative intent, the court endeavors to determine the policy behind the statute and looks to the words, context, subject matter, effects, and consequences of the statute. See State v. Andrews, 1997-NMCA-017, ¶ 5, 123 N.M. 95 934 P.2d 289; Luchanski v. Congrove, 193 Ariz. 176, 971 P.2d 636, 638 (Ct.App.1998).

{8} Under the general/specific rule, when there is a conflict between a statute dealing generally with a subject and another statute dealing specifically with a special case of that same subject, the specific statute controls unless it appears that the Legislature intended to make the general act control. See State v. Trujillo, 1999-NMCA-003, ¶¶ 8-9, 126 N.M. 603, 973 P.2d 855. Under some circumstances, the general/specific rule has been found not to apply if the statutes involved embrace one or more elements not contained in the other. See Blockburger v. United States, 284 U.S. 299, 304, 52 S.Ct. 180, 76 L.Ed. 306 (1932); Arellano, 1997-NMCA-074, If 8, 123 N.M. 589, 943 P.2d 1042. The rule, however, has been found to apply where the language of the two statutes condemn the same offense and require the same proof. See State v. Ibn Omar-Muhammad, 102 N.M. 274, 277, 694 P.2d 922, 925 (1985); State v. Hernandez, 116 N.M. 562, 564, 865 P.2d 1206, 1208 (Ct.App.1993); State v. Higgins, 107 N.M. 617, 620, 762 P.2d 904, 907 (Ct.App.1988).

{9} A comparison of both the child abuse and the reckless driving statutes indicates that unlike reckless driving, the offense of child abuse applies only to children under the age of eighteen. See § 30-6-1(A)(1); UJI 14-604 NMRA 1999. Additionally, the offense of reckless driving necessitates proof, among other things, that Defendant operated a motor vehicle carelessly and heedlessly and that Defendant acted “in willful or wanton disregard of the rights or safety of others.” Section 66-8-113(A); UJI 14-4504 NMRA 1999. Violation of the reckless driving statute constitutes a petty misdemeanor. In contrast, the penalty for child abuse for a first offense is declared a third-degree felony, and conviction of a second or subsequent offense not resulting in death or great bodily harm to a child constitutes a second-degree felony. Section 30-6-l(C).

{10} In Cleve, 1999-NMSC-017, ¶ 27, 127 N.M. 240, 980 P.2d 23, our Supreme Court recently clarified the applicable test for ascertaining whether two different statutes come within the purview of the general/specific rule. The Court noted that merely comparing the statutory elements of two overlapping laws which address the same subject matter is an incomplete gauge for determining the applicability of the general/specific statute rule.

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Related

State v. Perea
2001 NMCA 002 (New Mexico Court of Appeals, 2000)
State v. Guilez
4 P.3d 1231 (New Mexico Supreme Court, 2000)
State v. Santillanes
2000 NMCA 017 (New Mexico Court of Appeals, 2000)
State v. Duquette
2000 NMCA 006 (New Mexico Court of Appeals, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
1999 NMCA 127, 990 P.2d 206, 128 N.M. 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-guilez-nmctapp-1999.