State v. Hughes

767 P.2d 382, 108 N.M. 143
CourtNew Mexico Court of Appeals
DecidedDecember 6, 1988
Docket10349
StatusPublished
Cited by29 cases

This text of 767 P.2d 382 (State v. Hughes) 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. Hughes, 767 P.2d 382, 108 N.M. 143 (N.M. Ct. App. 1988).

Opinion

OPINION

MINZNER, Judge.

Defendant was convicted of trafficking in controlled substances by manufacture, conspiracy to traffic controlled substances, racketeering, conspiracy to racketeer, receiving stolen property over $100, and possession of drug paraphernalia. On appeal, defendant contends that there was insufficient evidence to support his convictions of receiving stolen property, racketeering, and conspiracy to racketeer. He also contends that the trial court erred in failing to merge his convictions for conspiracy to traffic and conspiracy to racketeer. We affirm.

During the calendaring process, defendant moved to amend his docketing statement to add two new issues. Based on the factual and legal arguments made in the motion, we denied the motion because the issues sought to be raised were without merit. See State v. Rael, 100 N.M. 193, 668 P.2d 309 (Ct.App.1983). Despite that denial, defendant requests that we consider those issues at this point in the appeal process. We decline to do so. Cf. id.

DISCUSSION.

I. Receiving Stolen Property Conviction.

Defendant was convicted of receiving laboratory equipment stolen from a wastewater plant. Under the instruction given, the jury was required to find that the market value of the equipment’ was more than $100. Defendant maintains that there was insufficient evidence to support the finding.

The only evidence submitted as to the value of the equipment was the testimony of Joe Smith, an employee of the wastewater plant. Mr. Smith testified that he had worked for the wastewater plant for three and one-half years. He worked with the equipment, although another person had purchased most of it. He testified further that he had examined the equipment at trial and found it to be in working order, and it was his opinion that the equipment was worth far more than $100. He stated that, although he might be wrong about the specific value, there was not much doubt that it was worth over $100. However, he also testified that he was not familiar with the market value of used laboratory equipment.

Outside the presence of the jury, in an offer of proof, Mr. Smith testified as follows. He was familiar with new equipment prices from periodically reviewing equipment catalogs and replacing the stolen equipment. The equipment had been kept in good shape while it was at the laboratory and had shown little deterioration. The cost of a new analytical balance would be about $2,495, a pH meter $850, and a pH stick $250. Mr. Smith did not state the cost of a new microscope, which defendant was also accused of receiving. Mr. Smith stated that he would pay $1,000 for the analytical balance if it worked, over $100 for the microscope, a few hundred dollars for the pH meter, and $50-100 for the pH stick.

Following this offer of proof, the trial court allowed Mr. Smith to test the equipment to see if it was in working order. Mr. Smith found the equipment to be in working order, and the court allowed him to testify that, in his opinion, the equipment was worth far more than $100.

The sole basis for the jury’s determination of market value was Mr. Smith’s opinion. The issue in this case is whether that opinion is a sufficient basis to support defendant’s conviction, despite Mr. Smith’s avowed lack of knowledge of the market value of used laboratory equipment.

It is clear that an owner of personal property may testify concerning the value of the property and that such testimony is sufficient to support a jury’s determination of value. State v. Dominguez, 91 N.M. 296, 573 P.2d 230 (Ct.App.1977); State v. Zarafonetis, 81 N.M. 674, 472 P.2d 388 (Ct.App.1970). The reason for this rule is that the owner necessarily knows something about the quality, cost, and condition of his or her property and consequently knows approximately what it is worth. See Annotation, Admissibility of Opinion of Non-Expert Owner as to Value of Chattel, 37 A.L.R.2d 967 (1954).

Mr. Smith had the same amount of knowledge about this property as any person has about his or her own property. He knew the age, the condition when stolen, the original cost, and the amount that he, as an informed buyer, would pay for each item in its condition at trial. His unfamiliarity with the actual market for used laboratory equipment merely placed him in the same position as similarly uninformed owners of property.

The jury was instructed that “market value” means the price at which the property could ordinarily be bought or sold at the time of the alleged receiving of the stolen property. See SCRA 1986, 14-1602. “Market value” is the equivalent of “retail price” and generally is a question of fact. Tunnell v. State, 99 N.M. 446, 659 P.2d 898 (1983). Mr. Smith’s testimony was tantamount to an owner’s opinion as to the value of the property in its condition at trial and also as to the cost of purchasing new replacement property. The jury could reasonably infer from this testimony that the price at which the property could ordinarily have been bought or sold was in excess of $100 at the time it became received stolen property. Cf. State v. Lankford, 92 N.M. 1, 582 P.2d 378 (1978); State v. Williams, 83 N.M. 477, 493 P.2d 962 (Ct.App.1972).

II. Racketeering Conviction.

Testimony at trial established that defendant and three others participated in the manufacture of methamphetamines between February and September of 1986. Testimony of two of defendant’s three associates, Israel and Laura de la Rosa, indicated that defendant was the only one who knew all the steps required in the manufacturing process, and that he was in charge of all aspects of manufacturing and distributing the methamphetamines. The de la Rosas also stated that they had seen defendant manufacture methamphetamines on at least six or seven occasions. Mr. de la Rosa testified that he had seen defendant in possession of an analytical balance, a pH meter, and other laboratory equipment. Another witness testified that the equipment had been stolen from the wastewater plant in July of 1986.

Defendant's contention that his racketeering conviction is not supported by substantial evidence has several parts. Defendant first argues that the jury had to find he committed the receiving- stolen property offense in order to find that he had committed racketeering, because the jury instructions so stated. Cf State v. Martin, 90 N.M. 524, 565 P.2d 1041 (Ct.App.1977) (instructions that are not objected to become the law of the case). Since he contends that there was insufficient evidence upon which to base the receiving stolen property offense, there would be insufficient evidence to support the racketeering conviction if defendant’s conviction for receiving stolen property is overturned. Because the receiving stolen property conviction was supported by substantial evidence, defendant’s argument on this issue is moot.

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

Related

State v. Taylor
New Mexico Court of Appeals, 2023
Marker v. Lathorp
D. New Mexico, 2020
State v. Chester
New Mexico Court of Appeals, 2019
State v. Catt
435 P.3d 1255 (New Mexico Court of Appeals, 2018)
State v. Chavez
New Mexico Court of Appeals, 2018
State v. Loza
2018 NMSC 34 (New Mexico Supreme Court, 2018)
Welch v. Welch
New Mexico Court of Appeals, 2018
State v. Cobrera
2013 NMSC 12 (New Mexico Supreme Court, 2013)
State v. Archuleta
2012 NMCA 007 (New Mexico Court of Appeals, 2011)
State v. Cobrera
New Mexico Court of Appeals, 2011
State v. Sprayberry
New Mexico Court of Appeals, 2010
State v. Brooks
New Mexico Court of Appeals, 2010
State v. Snider
New Mexico Court of Appeals, 2009
State v. Rivera
2009 NMCA 132 (New Mexico Court of Appeals, 2009)
State v. E Almager
New Mexico Court of Appeals, 2009
State v. Y Candelaria
New Mexico Court of Appeals, 2009
State v. Barr
1999 NMCA 081 (New Mexico Court of Appeals, 1999)
State v. Rael
1999 NMCA 068 (New Mexico Court of Appeals, 1999)
State v. Ball
661 A.2d 251 (Supreme Court of New Jersey, 1995)
State v. Alberico
861 P.2d 192 (New Mexico Supreme Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
767 P.2d 382, 108 N.M. 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hughes-nmctapp-1988.