State v. Sanchez

2015 NMCA 077, 8 N.M. Ct. App. 307
New Mexico Court of Appeals·Decided June 11, 2015·No. No. 35,283; Docket No. 32,664·Published·Cited by 7 cases

Opinion

OPINION

HANISEE, Judge.

{1} Convicted ofmurder in the second degree and third-degree tampering with evidence, Defendant Matthew Sanchez asserts three points of appeal: (1) the district court committed reversible error by allowing the State to question a witness regarding a prior act of Defendant that led to an unrelated assault charge, (2) insufficient evidence existed to support his conviction for tampering with evidence, and (3) the district court’s entry of conviction for third-degree tampering with evidence constituted fundamental error. We determine that Defendant’s own areas of trial inquiry permitted the State, as allowed and limited by the district court, to inquire regarding the witness’s awareness of the prior act. We also hold that Defendant’s conviction for third-degree tampering with evidence was supported by sufficient trial evidence and was properly adjudicated. Accordingly, we affirm.

BACKGROUND

{2} On September 10, 2011, Defendant fatally stabbed his friend Tupac Amaru Leyba (Victim) in the chest and later threw the weapon from his car window as he departed the scene of the stabbing. The knife was never recovered. At trial, Defendant testified and admitted that he stabbed Victim and lied to the police when interviewed following the fatal event. However, he maintained that he acted exclusively in self-defense.

{3} During cross-examination of a State’s witness (Witness), defense counsel asked if Witness remembered stating at a preliminary examination that Defendant “was a very nice guy, that he’s very quiet and that he never really talked, that he was just a nice guy.” When Witness indicated that she did recall making that statement, defense counsel went on to inquire of Witness whether Victim had enemies, what if any alcohol or other mood-altering substances had been consumed that night, and whether Victim habitually carried a weapon. After this exchange, the State notified the court that it intended to offer rebuttal evidence regarding Witness’s opinion of Defendant’s demeanor and character. Despite the State’s warning, defense counsel further questioned Witness if she had ever seen Defendant “become aggressive in any way toward [Victim.]” Witness stated that she had not.

{4} Following this testimony, the State sought to rebut what it perceived to be the presentation of character evidence by Defendant. It argued that by eliciting opinion testimony from Witness regarding her impressions of Defendant’s peaceable demeanor, defense counsel had opened the door to inquiry concerning three separate incidents that bore the potential capacity to change Witness’s positive opinion of Defendant. The events consisted ofDefendant: (1) discharging a gun over the heads of his family members, (2) threatening to kill a man over a debt, and (3) ramming a law enforcement vehicle and fleeing from police. Defense counsel objected, arguing that his queries had not opened the door to the State’s desired topics of rebuttal and that admission of such prior act evidence would unfairly prejudice Defendant.

{5} After pointing out that it was defense counsel’s questioning that elicited the pertinent character trait ofDefendant being a “calm and very nice guy” and recognizing the State’s opportunity to “present evidence of something other than that[,]” the district court conducted an inquiry designed to determine whether the specific events of which the State proposed to question Witness were properly admissible. Although it initially ruled that admitting questions regarding the three prior incidents would cause undue delay and confusion of issues for the jury, after conducting its own research, the district court determined that Rule 11-404(A) NMRA, governing the admissibility of character evidence offered by a defendant and rebutted by the State, controlled the inquiry. Pursuant to the rule, the court permitted the State to question Witness regarding her awareness of one prior event in order to rebut the character trait placed at issue by Defendant.

{6} Although the court found each of the State’s three desired topics of rebuttal inquiry to be supported by good faith, it nonetheless disallowed inquiry regarding the second and third events on the basis that both had been initially charged but were later dismissed by the State. Noting that Defendant was then separately indicted for the crime of aggravated assault with a deadly weapon, the district court announced its intention to allow the State to question Witness regarding any awareness she possessed of Defendant having discharged a firearm over the heads of his family members. It further ruled that upon any such inquiry, Defendant would be entitled to a limiting instruction regarding the jury’s use of that evidence. The parties submitted proposed versions of the question to be asked of Witness regarding the shooting incident, and based again on its research the court chose to allow a “modified ... proposal of the State[.]” The question presented to Witness, in relevant part, was as follows: “Were you aware that . . . Defendant had been accused of aggravated assault with a deadly weapon for going to the property of an individual not associated with this case and shooting a gun five to six times?” When Witness declared herself to be unaware of the incident, the State asked: “If you were aware of that. . ., would your opinion have changed?” Witness responded affirmatively.

{7} Immediately thereafter, the district court verbally provided the jury with a previously agreed to limiting instruction, stating that it had “allowed questions by the prosecution to test the opinion previously expressed by this witness to the effect that. . . Defendant... is a calm and very nice person” and that the questions asked were “not in and of themselves evidence that the matters which form the basis of the questions did, in fact, occur and [the jury] must not consider these questions for any purpose other than the right of the prosecution to test an opinion of a witness as to an asserted characteristic of . . . Defendant.” The instruction was repeated and twice reiterated by the court prior to closing arguments and included within the printed instructions given to the jury prior to deliberation. The jury convicted Defendant of third-degree tampering with evidence and second-degree murder, and Defendant appeals.

A. The District Court Properly Admitted Rebuttal Character Evidence

{8} Defendant contends that the district court committed reversible error in allowing the State “to ask a question which recited unproven facts of an unrelated aggravated assault case against [Defendant].” Defendant specifically argues that the State’s “naked assertion” of the occurrence of a separate shooting incident was highly prejudicial. He additionally appears to challenge allowance of the question on grounds that it violated the general prohibition on prior acts evidence.

{9} Rule 11-404(A) governs both the allowance and limitation of character evidence. See id. It states that “[e]vidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.” Rule 11-404(A)(1). However, an exception to this prohibition exists in criminal cases, permitting “a defendant to “offer evidence of the defendant’s pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it[.]” Rule 1 l-404(A)(2)(a).

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State v. Sanchez, 2015 NMCA 077, 8 N.M. Ct. App. 307 (N.M. Ct. App. 2015).

2015 NMCA 077 (State v. Sanchez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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