State v. Wilson

2006 NMSC 037, 141 P.3d 1272, 140 N.M. 218
CourtNew Mexico Supreme Court
DecidedAugust 8, 2006
DocketNo. 29,484
StatusPublished
Cited by20 cases

This text of 2006 NMSC 037 (State v. Wilson) 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. Wilson, 2006 NMSC 037, 141 P.3d 1272, 140 N.M. 218 (N.M. 2006).

Opinion

OPINION

MINZNER, Justice.

{1} We are called on in this appeal to determine the proper procedure to be followed by a district court reviewing a conviction from Metropolitan Court, which may involve domestic abuse under the Family Violence Protection Act (“FVPA”), NMSA 1978, Sections 40-13-1 through 40-13-10 (1987 as amended through 2005). While a district court generally holds a de novo trial in eases originating in the Metropolitan Court, cases involving domestic violence are heard on-record. NMSA 1978, § 34-8A-6(C) (1993). We note that Section 40-13-7(E) requires the Metropolitan Court to include in the judgment and sentence an indication when a conviction results from the commission of domestic abuse.1 We therefore conclude that a judgment and sentence issued by the Metropolitan Court which does not include such a statement reflects the Court’s determination that the case did not involve domestic violence. This conclusion is subject to review by the district court. Reviewing de novo, we conclude that the undisputed facts in this case do not support the conclusion that the convictions from which Defendant, Robert Wilson, has appealed involved domestic violence. We therefore remand to the district court for a trial de novo.

I. BACKGROUND

{2} Defendant was convicted following a bench trial before the Bernalillo County Metropolitan Court of criminal trespass, contrary to NMSA 1978, § 30-14-1 (1995), and harassment, contrary to NMSA 1978, § SOSA-2 (1997). The case was originally assigned a “DV” docketing number, for domestic violence, and the trial before the Metropolitan Court judge was conducted on-record. The victim testified that she had known Defendant for a little over a week but repeatedly stated that she and Defendant were not boyfriend and girlfriend. The Metropolitan Court’s judgment does not indicate whether Defendant’s crimes involved domestic violence.

{3} Defendant appealed his two convictions to district court and requested a trial de novo. After reviewing the victim’s testimony before the Metropolitan Court regarding her relationship with Defendant, the district court concluded that victim and Defendant were involved in a continuing personal relationship, that victim was therefore a “household member” within the meaning of the FVPA, and denied the motion for a de novo hearing. The district court then affirmed Defendant’s convictions following an on-record review. Defendant appealed, claiming that he was entitled to a de novo trial, and that the district court erred both in reviewing the record to determine whether Defendant and victim were involved in a continuing personal relationship and in denying him a trial de novo.

{4} The Court of Appeals reversed, holding that “the parties’ status as household members is a necessary element in proving that the crimes are domestic violence under the Family Violence Protection Act,” State v. Wilson, 2005-NMCA-130, ¶ 8, 138 N.M. 551, 123 P.3d 784, and looked to the Metropolitan Court judgment, rather than the district court’s legal analysis, to determine whether Defendant was entitled to a trial de novo. Id. ¶ 13. Because the judgment stated that Defendant was convicted of harassment and trespass and did not indicate that victim was a household member, or that the convictions involved domestic violence, the Court of Appeals concluded that the conviction did not fall within the FVPA and that Defendant was therefore entitled to a trial de novo. The State petitioned this Court for certiorari to address the proper procedure to be followed by a district court when a Metropolitan Court judgment and sentence does not indicate whether a victim is a household member.

{5} We conclude that á judgment and sentence issued by the Metropolitan Court reflects, implicitly or explicitly, whether the conviction involved domestic violence. This legal conclusion is subject to review by the district court. Reviewing that determination de novo, we conclude that the undisputed facts in this case do not support the conclusion that Defendant’s convictions involved domestic violence and therefore remand to the district court for a trial de novo.

II. DISCUSSION

{6} The proper procedure to be followed by a district court when reviewing a Metropolitan Court’s conviction is a question of statutory interpretation which we review de novo. See State v. Rowell, 121 N.M. 111, 114, 908 P.2d 1379, 1382 (1995). When interpreting a statute, our primary goal is to give effect to the Legislature’s intent. State v. Smith, 2004-NMSC-032, ¶ 8, 136 N.M. 372, 98 P.3d 1022.

{7} Our Constitution grants district courts “appellate jurisdiction of all cases originating in inferior courts.” N.M. CONST. art. VI, § 13. These trials “shall be had de novo unless otherwise provided by law.” N.M. CONST. art. VI, § 27; see also State v. Heinsen, 2004-NMCA-110, ¶ 11, 136 N.M. 295, 97 P.3d 627, aff'd 2005-NMSC-035, 138 N.M. 441, 121 P.3d 1040. We conclude that the Legislature has “otherwise provided” because the FVPA and Section 34-8A-6(C) ere-ate an exception to the general rule mandating de novo hearings. Section 34^8A-6(C) defines which cases are heard on-record by the Metropolitan Court.

The metropolitan court is a court of record for criminal actions involving ... domestic violence. A criminal action involving domestic violence means an assault or battery under any state law or municipal or county ordinance in which the alleged victim is a household member as defined in the Family Violence Protection Act.

Id.

{8} The FVPA in turn defines domestic abuse as “any incident by a household member against another household member resulting in” among other things, criminal trespass or harassment. Section 40-13-2(C).

“[H]ousehold member” means a spouse, former spouse, family member, including a relative, parent, present or former stepparent, present or former in-law, child or co-parent of a child, or a person with whom the petitioner has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for purposes of this section.

Section 40-13-2(D). We have previously recognized that Section 34-8A-6(C) “must be read in pari materia with the definition of domestic abuse in the Family Violence Protection Act,” and it follows that “all domestic abuse actions, as defined in the Family Violence Protection Act, should be tried on-record.” State ex rel. Schwartz v. Sanchez, 1997-NMSC-021, ¶ 7, 123 N.M. 165, 936 P.2d 334.

{9} This case presents a question less clearly addressed by either statute; how should a district court go about determining whether a particular case is one “involving domestic violence” under the FVPA? The starting point for this inquiry must be the Metropolitan Court’s judgment and sentence because this document must include a statement if the case involves domestic violence. Section 40-13-7(E) (“A statement shall be included in a judgment and sentence document to indicate when a conviction results from the commission of domestic abuse.”); see also State v. Krause, 1998-NMCA-013, ¶ 8, 124 N.M. 415, 951 P.2d 1076 (“In determining what kind of appeal a defendant is entitled to, we must view the conviction, not the charging document.”).

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Cite This Page — Counsel Stack

Bluebook (online)
2006 NMSC 037, 141 P.3d 1272, 140 N.M. 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wilson-nm-2006.