State v. Hernandez

1998 NMCA 082, 964 P.2d 825, 125 N.M. 661
CourtNew Mexico Court of Appeals
DecidedApril 21, 1998
Docket18167
StatusPublished
Cited by8 cases

This text of 1998 NMCA 082 (State v. Hernandez) 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. Hernandez, 1998 NMCA 082, 964 P.2d 825, 125 N.M. 661 (N.M. Ct. App. 1998).

Opinion

OPINION

APODACA, Judge.

{1} Defendant appeals his jury conviction of possession of marijuana with intent to distribute under NMSA 1978, Section 30-31-22(A)(1) (1990). He argues that insufficient evidence supported the jury’s determination of his knowledge and control of the marijuana. We disagree and affirm Defendant’s conviction.

I. FACTUAL AND PROCEDURAL BACKGROUND

{2} Defendant testified on his own behalf at trial. He resided in Kansas, where he worked in construction. He was married and had six children. Defendant stated that he flew from Kansas to Juarez, Mexico, to purchase an affordable truck from his uncle. According to Defendant, after negotiating the truck purchase, he and his uncle drove to El Paso where they visited the uncle’s friends. Defendant stated that he then proceeded driving home in the truck. He was stopped at a border checkpoint. Defendant attributed his initial nervousness there to his concern over his suspended license.

{3} Defendant admitted that he had a suspended license to Officer Trevino, a border patrol agent. Officer Duncan, a state police officer, referred Defendant to the secondary inspection area to cite Defendant for this infraction. Officer Duncan noted several unusual characteristics of the truck. He smelled silicone and paint and noticed a large hump underneath the seat that raised the seat, causing Defendant to sit very high up. Defendant received a ticket and, when asked, stated that he was not transporting drugs.

{4} Defendant permitted a search of the truck. Officer Trevino testified that he observed evidence of tampering in the truck’s interior. The search revealed sixty-one pounds of marijuana hidden in a false compartment constructed underneath the bench seat of the truck.

{5} At trial, Defendant admitted several lies to the officers. These included misrepresentations that: (1) he was going to Roswell to work on a sheep ranch, (2) he recently moved to El Paso, and (3) he had borrowed (not purchased) the truck from his uncle. Defendant testified that he lied because he thought the officers had an arrest warrant for him due to his suspended license. We address additional facts in our discussion of sufficiency of the evidence.

II. DISCUSSION

A. Standard Of Review

{6} Defendant challenges the sufficiency of the evidence supporting his conviction. In reviewing evidentiary sufficiency, we ascertain whether a rational jury could have found that the evidence established each element of the crime beyond a reasonable doubt. See State v. Wood, 117 N.M. 682, 684, 875 P.2d 1113, 1115 (Ct.App.1994). As a reviewing court, however, we do not reweigh the evidence nor substitute our judgment for that of the fact finder. See id. We consider the evidence in a light most favorable to support the verdict, resolving conflicts and indulging inferences in the verdict’s favor. See id. We also review both direct and circumstantial evidence. See id. Reasonable doubt exists when the evidence viewed in the light most favorable to the State also creates an equally reasonable inference of innocence. See State v. Apodaca, 118 N.M. 762, 766, 887 P.2d 756, 760 (1994).

B. Sufficiency Of The Evidence

{7} Under the facts of this appeal, possession of marijuana with intent to distribute required that the State prove the following elements beyond a reasonable doubt: (1) Defendant had marijuana in his possession; (2) Defendant knew it was marijuana or believed it to be marijuana or some drug or other substance the possession of which is regulated or prohibited by law; (3) Defendant intended to transfer it to another; and (4) elements 1 through 3 happened in New Mexico on or about the date charged. See UJI 14-3111 NMRA 1998; State v. Bankert, 117 N.M. 614, 618, 875 P.2d 370, 374 (1994).

{8} Defendant contests the jury’s finding of possession. Defendant was in possession of marijuana if he knew it was on his person or in his presence, and he exercised control over it. See UJI 14-3130 NMRA 1998. Even if the marijuana was not in his presence, he was in possession if he knew where it was and exercised control over it. See id. Two or more people can simultaneously have possession of a substance. See id. Defendant’s presence in the vicinity of the marijuana or his knowledge of its location or existence would not, by itself, be possession. See id.

{9} For the reasons that follow, we hold that substantial evidence supported Defendant’s conviction. The jury could have reasonably concluded from the circumstantial evidence that Defendant knew of the marijuana in the truck and exercised control over it. See State v. Chandler, 119 N.M. 727, 731, 895 P.2d 249, 253 (Ct.App.1995). Defendant’s exclusive control of the truck would raise an inference of his knowledge and control of the marijuana. See State v. Purlee, 839 S.W.2d 584, 588 (Mo.1992); cf. State v. Brietag, 108 N.M. 368, 370, 772 P.2d 898, 900 (Ct.App.1989) (holding that where defendant does not exclusively possess premises on which drugs are found, incriminating circumstances or statements must support the inference of constructive possession). Joint control requires additional evidence connecting the accused with the illegal drugs. See Purlee, 839 S.W.2d at 588; Brietag, 108 N.M. at 370, 772 P.2d at 900.

{10} Defendant was the only person in the truck upon arrival at the checkpoint. Yet, he contends that he was not in exclusive possession because the drugs were hidden from him. We note ease law cautioning courts about inferring knowledge from possession of a vehicle in which drugs are found in a hidden compartment. This case law provides that courts should infer knowledge in this situation only when there are additional circumstances indicating knowledge. See Menchaca v. State, 901 S.W.2d 640, 652 (Tex.Ct.App.1995); Castellano v. State, 810 S.W.2d 800, 806 (Tex.Ct.App.1991) (both citing United States v. Olivier-Becerril, 861 F.2d 424, 426 (5th Cir.1988), and United States v. Del Aguila-Reyes, 722 F.2d 155, 157 (5th Cir.1983)). In this case, we hold that the track’s physical condition, Defendant’s lies and nervousness, and the improbability of Defendant’s story provided evidence the jury could rely on to connect Defendant to the marijuana.

{11} From the evidence, we believe that reasonable jurors could have determined that Defendant was aware of the track’s alterations. The officers stated that the track smelled of paint and silicone.

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Bluebook (online)
1998 NMCA 082, 964 P.2d 825, 125 N.M. 661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hernandez-nmctapp-1998.