State v. Muqqddin

2010 NMCA 69, 2010 NMCA 069, 242 P.3d 412, 148 N.M. 845
CourtNew Mexico Court of Appeals
DecidedMay 5, 2010
Docket28,474; 32,430
StatusPublished
Cited by7 cases

This text of 2010 NMCA 69 (State v. Muqqddin) 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. Muqqddin, 2010 NMCA 69, 2010 NMCA 069, 242 P.3d 412, 148 N.M. 845 (N.M. Ct. App. 2010).

Opinion

OPINION

KENNEDY, Judge.

{1} Abdul Muqqddin (Defendant) used a nail to penetrate the gas tank of a van parked in a dark alley without the permission of the owner. After piercing the tank, Defendant positioned a container below the hole so as to catch the fuel as it drained from the van. The van was in extremely bad condition and had been parked in the alley for as many as six months, though it had not been abandoned. Defendant appeals his convictions for auto burglary under NMSA 1978, Section 30-16-3 (1971), criminal damage to property under NMSA 1978, Section 30-15-1 (1963), and larceny under NMSA 1978, Section 30-16-1 (1987) (amended 2006). Defendant argues that penetrating a gas tank with a nail is insufficient to constitute an entry under the burglary statute, and because he believed the van to be abandoned, he lacked the requisite intent to commit the crimes of burglary, criminal damage, and larceny. As a result, Defendant claims, his convictions are unsupported by substantial evidence. We hold that entry, under Section 30-16-3, is complete when a defendant penetrates a gas tank with a nail. We also hold that substantial evidence supports Defendant’s convictions. We affirm.

FACTS

{2} Neither party disputes what took place in the early morning hours of August 21, 2005. An Albuquerque police officer, responding to an unrelated call, heard loud banging noises coming from an alley. Suspicious of the noise, he stopped his vehicle at the entrance to the alley and cautiously investigated on foot. After proceeding approximately halfway down the alley, the officer saw Defendant lying underneath a van. Next to Defendant was a red plastic container, positioned beneath the van to catch fuel dripping from the tank. The officer detained Defendant, asked him his name, and Defendant falsely identified himself as Edward Edgerton. A routine computer check revealed that Edgerton had an outstanding warrant for his arrest, and at that time, Defendant gave the officer his real name.

{3} When asked what he was doing under the van, Defendant first stated that he was taking gas from the tank with the permission of the owner. Upon further questioning, however, Defendant admitted that he did not have permission to take the gas, but that because the van was abandoned, it was alright for him to do so. He said he had used a nail to create a hole in the tank so that the gas could escape, and two nails were found in his pocket. At that point, the officer placed Defendant under arrest and called for additional personnel to assist in an investigation of the scene.

{4} Police identified the van’s owner as Emil Hanson, the proprietor of a nearby dry cleaning business. Hanson had purchased the van approximately two years prior but stopped driving it when it became too expensive for him to do so. While trying to figure out what to do with it, he purchased a new van and parked the old one in the alley behind his business. He testified that although the van was in bad condition and could have been sitting in the alley for as many as six months, he had neither abandoned it nor given Defendant permission to enter or remove fuel from it.

{5} When the State completed its case in chief, Defendant made a motion for directed verdict on all counts. In pertinent part, Defendant argued that penetration of a gas tank with a nail is insufficient to constitute burglary in New Mexico, and further, that he lacked the requisite intent to commit burglary, criminal damage, and larceny because he thought the van was abandoned. As a result, Defendant contended, substantial evidence did not support the charges against him. These arguments failed to persuade the district court, Defendant’s motion was denied, and he was convicted as stated above. Defendant now reasserts the arguments from his motion for directed verdict.

STANDARD OF REVIEW

{6} Under a substantial evidence review, we determine whether the parties presented substantial evidence at trial to support the verdict “beyond a reasonable doubt with respect to every element essential to [the] conviction.” State v. Sutphin, 107 N.M. 126, 131, 753 P.2d 1314, 1319 (1988). Such evidence may be of either a direct or circumstantial nature. Id. And in considering the effect of such evidence, “we resolve all disputed facts in favor of the [s]tate ... and disregard all ... inferences to the contrary.” State v. Rojo, 1999-NMSC-001, ¶ 19, 126 N.M. 438, 971 P.2d 829 (filed 1998). We will neither reweigh the evidence nor substitute our judgment for that of the jury. Sutphin, 107 N.M. at 131, 753 P.2d at 1319. As an appellate court, we are not concerned that some hypothesis might be designed that would be consistent with an acquittal. Id. at 130-31, 753 P.2d at 1318-19. And to the extent that we engage in statutory interpretation or consider the district court’s legal conclusions, we do so de novo. State v. Barragan, 2001-NMCA-086, ¶ 24, 131 N.M. 281, 34 P.3d 1157.

THE CRIME OF BURGLARY

{7} Section 30-16-3 defines the crime of burglary as “the unauthorized entry of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, with the intent to commit any felony or theft therein.” As such, Section 30-16-3 expresses “a radical departure from its common law predecessor,” which required “(1) breaking and (2) entering (3) a dwelling house (4) of another (5) in the nighttime (6) with the intent to commit a felony therein.” State v. Rodriguez, 101 N.M. 192, 193, 679 P.2d 1290, 1291 (Ct.App.1984); see State v. Bybee, 109 N.M. 44, 45, 781 P.2d 316, 317 (Ct.App.1989). Thus, our Legislature has chosen to keep only the element of entry completely intact. Rodriguez, 101 N.M. at 193, 679 P.2d at 1291. As this Court has held, entry contemplates penetration of a space by either a person or an instrument. State v. Tixier, 89 N.M. 297, 298-99, 551 P.2d 987, 988-89 (Ct.App.1976) (holding that a one-half-inch penetration with an instrument is enough to effectuate an entry; “[a]ny penetration, however slight, of the interior space is sufficient”).

{8} This Court’s opinions in Rodriguez and State v. Reynolds, 111 N.M. 263, 804 P.2d 1082 (Ct.App.1990), define the limits of entry in the context of vehicle burglary. In Rodriguez, the defendant reached into the uncovered bed of a pickup truck and removed a toolbox with the intent of taking it unlawfully. 101 N.M. at 193, 679 P.2d at 1291. This Court held that such an entry is sufficient to constitute a burglary. “[W]e hold that the bed of a pickup truck, as a part of a vehicle, falls within the statutorily protected area.” Id. at 194, 679 P.2d at 1292. A similar issue prompted the analysis in Reynolds. In that case, like the one before us, police found the defendant on the ground beneath a vehicle. Testimony at trial established that he reached into the engine compartment from underneath in an apparent attempt to remove the vehicle’s starter. Reynolds, 111 N.M. at 264-65, 804 P.2d at 1083-84. This Court, citing Tixier, held that such an act is sufficient to sustain a conviction for burglary. Reynolds, 111 N.M. at 270, 804 P.2d at 1089.

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Bluebook (online)
2010 NMCA 69, 2010 NMCA 069, 242 P.3d 412, 148 N.M. 845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-muqqddin-nmctapp-2010.