State v. Sarracino

1998 NMSC 022, 964 P.2d 72, 125 N.M. 511
CourtNew Mexico Supreme Court
DecidedJuly 15, 1998
Docket24027
StatusPublished
Cited by167 cases

This text of 1998 NMSC 022 (State v. Sarracino) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Sarracino, 1998 NMSC 022, 964 P.2d 72, 125 N.M. 511 (N.M. 1998).

Opinion

OPINION

MINZNER, Justice.

{1} A jury convicted Peter Sarracino of first degree murder of Jeremy Nelson, conspiracy to commit that murder, attempted murder of Julius Brown, false imprisonment of Nelson and of Brown, unlawful taking of a vehicle, and tampering with evidence. On appeal, Sarracino raises several points of error. He claims his due process rights were violated because the trial court, relying on UJI 14-5015 use note NMRA 1998, refused to give the jury a cautionary instruction regarding accomplice testimony. He also challenges, pursuant to Rule 11-404(B) NMRA 1998, rulings admitting evidence he had committed “crimes, wrongs or acts” other than those with which he had been charged. Finally, he argues that the State produced insufficient evidence to support the convictions of first degree murder, conspiracy, and attempted murder. We hold that the trial court properly refused to give the jury a cautionary instruction, that the court did not err in admitting the evidence of uncharged crimes, and that there was sufficient evidence to support the convictions of first degree murder, conspiracy, and attempted murder. We therefore affirm.

I.

{2} This case involves a fight that began at a party, escalated into terrible violence, and ended in murder. The State presented proof at trial that several people, including Sarracino, Jason Aragon, Randall Kose and Andy Luarkie got into a fight at the party and began beating up Jeremy Nelson. They beat him severely, and then placed him in Luarkie’s ear. Luarkie drove his own car and Aragon drove Nelson’s car to an area known as Water Canyon, where Nelson was again beaten and stabbed by several people. He was thrown into a body of water. Sarracino and one other person retrieved Nelson’s body, dragged it up a hill, and covered it with leaves.

{3} Julius Brown rode in Nelson’s ear to the canyon with Sarracino. At the canyon, Sarracino and the others began beating Brown, presumably after Nelson had died. Testimony conflicted, but it appears that Brown was stabbed at this time. Sarracino and his companions left Brown for dead after the fight was interrupted by another group of people. However, one of the two cars at the scene became stuck in the mud.

{4} The next day, Sarracino and a group including Aragon and Kose returned with Gerald Ray and Raven Garcia to get the ear out of the mud. The group came upon Brown, who was still alive. Ray decided to take Brown to the hospital. Everyone got into the car, including Sarracino and Brown. Garcia began asking Brown what had happened; Sarracino told Garcia to “stay out of it.” Sarracino instructed Ray to drive himself home and said that he, Aragon and Luarkie would take Brown to the hospital. Ray testified that he was fearful at this time, and he followed Sarracino’s orders. According to testimony by Aragon, Sarracino drove the car to Stove Pipe Peak, where Brown was again beaten, thrown over a cliff or cliffs, and killed by stabbing. Aragon testified that Sarracino was involved in beating Brown, but not in throwing him off the cliffs or stabbing him.

{5} Within one day, everyone involved was arrested except Sarracino. Sarracino eluded police for six weeks. At the end of those six weeks, he appeared at the house of Michelle Corpuz and Dwayne Trujillo, threatened their lives, and made several admissions. One of those admissions was that he had nothing else to lose and it would not matter if he killed two more people. Corpuz testified that he held a gun under her chin. Sarracino was arrested later in the day.

{6} At trial, several witnesses recounted the events of the two days. The testimony conflicted, and much of the testimony was given by accomplices. Aragon and Kose, both of whom were present at the party and at the canyon, testified as accomplice witnesses at trial for the State. However, the sole witness to events at Stove Pipe Peak was Aragon.

{7} Some of the events described in the State’s evidence occurred on land within the jurisdiction of the federal court. For example, Brown’s murder occurred on land within federal jurisdiction; however, he was beaten and initially left for dead on land within state jurisdiction. Consequently, Sarracino was charged and tried in state court for attempting to murder Brown, and he was charged and tried in federal court for murdering Brown. At trial, Sarracino objected to Corpuz’s testimony as well as to evidence of Brown’s death and his own subsequent conviction in federal court for second degree murder.

{8} At the trial in state court, the trial court gave the jury the uniform jury instruction on witness credibility:

You alone are the judges of the credibility of the witnesses and the weight to be given to the testimony of each of them. In determining the credit to be given any witness, you should take into account his truthfulness or untruthfulness, his ability and opportunity to observe, his memory, his manner while testifying, any interest, bias or prejudice he may have and the reasonableness of his testimony considered in the light of all the evidence in the case.

See UJI 14-5020 NMRA 1998. Sarracino requested a jury instruction patterned after a federal form that specifically cautioned the jury to examine and weigh accomplice testimony “with greater care and caution than the testimony of ordinary witnesses.” 1 The trial judge refused on the ground that, at present, this Court has directed that no such instruction shall be given. See UJI 14-5015 use note (providing that no instruction on accomplice testimony shall be given); see also UJI 14-5015 committee commentary (indicating that no instruction is necessary because the matter is adequately covered by UJI 14-5020); cf. UJI 14-5021 use note NMRA 1998 (providing that no instruction on considering a prior inconsistent statement in determining credibility shall be given).

II.

{9} In instructing the jury and in rejecting the proposed jury instruction, the trial court followed existing law and practice. In New Mexico, trial court judges are not to comment on the credibility of witnesses or the weight the jury should give those witnesses’ testimony. Rule 11-107 NMRA 1998. We have held that UJI 14-5020 is a sufficient instruction to alert the jury to its responsibility to evaluate witness testimony and a court’s refusal to give further instructions is not error. See State v. Ortega, 112 N.M. 554, 575, 817 P.2d 1196, 1217 (1991).

{10} Sarracino concedes that the trial court correctly instructed the jury under existing law and practice. However, he asks this Court to review and alter existing law and practice. He argues that in the absence of the instruction he requested his trial was fundamentally unfair. He notes that “New Mexico’s per se bar to cautionary accomplice testimony instructions is the minority view and conflicts with well settled federal law.” He suggests that the majority view would protect his right to due process under the federal constitution, that his due process rights under the state constitution require an accomplice instruction and that, in any event, the majority view reflects the better practice or procedure in criminal trials.

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Cite This Page — Counsel Stack

Bluebook (online)
1998 NMSC 022, 964 P.2d 72, 125 N.M. 511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sarracino-nm-1998.