State v. Wrighter

922 P.2d 582, 122 N.M. 200
CourtNew Mexico Court of Appeals
DecidedJuly 11, 1996
Docket16184
StatusPublished
Cited by10 cases

This text of 922 P.2d 582 (State v. Wrighter) 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. Wrighter, 922 P.2d 582, 122 N.M. 200 (N.M. Ct. App. 1996).

Opinions

OPINION

APODACA, Chief Judge.

1. Defendant appeals his jury conviction of trafficking a controlled substance. He raises two issues on appeal: (1) the trial court erred in admitting testimony that he had previously sold drugs and (2) his conviction was not supported by sufficient evidence. We hold that, although Defendant’s conviction was supported by substantial evidence, the trial court abused its discretion in admitting the testimony in question. We therefore reverse and remand for a new trial.

I. FACTUAL AND PROCEDURAL BACKGROUND

2. The State’s chief witness was Raney Spense. She testified that she was a former drug user who offered her services to the Lea County Drug Task Force to help get drug dealers off the streets of Hobbs. She stated that she knew Defendant because she had bought cocaine from him on January 13, 1994 (the date relevant to Defendant’s conviction) and previously. She then described her purchase on that day from Defendant. About 6 p.m., she drove to the sheriffs substation where she usually met members of the Task Force. No one was there. She then drove to the Chicken Shack. Detective Gartman, a Task Force member, later testified that the sting operation was to be conducted in this particular location because the police were aware of the area’s high narcotics trafficking pattern. Her account of what happened next was as follows:

So I drove by the Chicken Shack on Byers. And as I pulled up to the stop sign, he ran up to my car. So I rolled my window down. And he asked me if I wanted to buy anything. So I told him I didn’t have any money, that I was going to go get some money, I would be back. So that’s when I went back to the old substation.

3. At the substation, Spense met members of the Task Force. As standard procedure, she was strip-searched, and her ear was searched. The Task Force members found no controlled substances or currency. They then gave Spense $60 to buy drugs, equipped her with a transmitter so that they could monitor her conversation, and followed Spense back to the Chicken Shack.

4. When Spense arrived at the Chicken Shack, Defendant immediately entered her car. She gave him the money, and he went back into the restaurant. About four minutes later he returned to her car and handed her “three rocks” of crack cocaine. He asked her to smoke the drugs with him, but she refused, saying that she had to pick up her children from her mother. Defendant then left, and Spense drove back to the substation. On her arrival, she handed the drugs to a Task Force agent, was searched again, and gave a statement.

5. Several Task Force agents corroborated Spense’s account. Additionally, one officer testified that, after Defendant’s arrest in March 1994, Defendant stated that he was unsure whether he had sold Spense “crack” on January 13.

6. Defendant testified in his own defense. He described his relationship with Spense as a romantic one, although he admitted that they used drugs most of the time they were together. He also admitted that on January 13 he saw Spense at the Chicken Shack and that she gave him money to get drugs. But he denied purchasing drugs for her that night. He said that after she gave him the money, he returned to the Chicken Shack, having made arrangements to meet Spense at her home at 8 p.m. that night. When he went to her home at 8 p.m., however, no one was there. He denied that he had any drugs when he went to her house. He stated that he had planned to make a telephone call when he got there to have the drugs delivered. Although he later admitted on cross-examination that he had purchased drugs for Spense in the past, he contended that he had not really sold her the drugs because they both had contributed money for drugs that they could use together. He said that she would give him money for drugs only when he had none of his own and that the money was always for drugs that they used together.

II. DISCUSSION

A. Whether The Trial Court Erred In Admitting Testimony Of Defendant’s Prior Rock Cocaine Sales To Raney Spense

7. Defendant argues that the trial court erred in admitting Spense’s testimony that he had sold her drugs in the past. He contends that the only purpose for offering the evidence was improper — to prove Defendant’s propensity to deal drugs. Defendant relies on SCRA 1986, 11 — 404(B) (1996 ed.) (Rule 404(B)), which states:

Other crimes, wrongs or acts. Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident.

The prohibition in the first sentence of the rule “is justified by concern that character evidence when used circumstantially is likely to be given more probative value than it deserves and may lead the fact-finder to punish a bad person regardless of the evidence of what happened in the specific case.” State v. Lamure, 115 N.M. 61, 69, 846 P.2d 1070, 1078 (Ct.App.1992) (Hartz, J., specially concurring), cert. denied, 114 N.M. 720, 845 P.2d 814 (1993).

8. In contrast, the second sentence of the rule allows admissibility of prior misconduct if it serves a purpose' other than to prove that the defendant is a bad person. The usual proper purposes for admitting other misconduct evidence are listed in the second sentence: “motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident.” The State argues that the list is not exclusive; it is intended only to be illustrative as evidenced by the language of the rule that other misconduct evidence may “be admissible for other purposes, such as proof of motive, [etc.].” (Emphasis added.) See State v. Jones, 120 N.M. 185, 188, 899 P.2d 1139, 1142 (Ct.App.) (“New Mexico allows use of other bad acts for many reasons, including those not specifically listed in [Rule 404(B)].”), cert. granted, 120 N.M. 68, 898 P.2d 120 (1995). However, even if we assume that New Mexico recognizes context as an admissible purpose under Rule 404(B) and that the testimony in question qualifies, the evidence must still meet the requirements of SCRA 1986, 11-403 (1996 ed.) (Rule 403). We therefore examine the evidence’s probative value against its prejudicial effect, which is required under that rule.

9. Rule 403 provides that relevant evidence is inadmissible when the probative value is substantially outweighed by the danger of unfair prejudice. We review the trial court’s decision for abuse of discretion. See State v. Casaus, 121 N.M. 481, 488, 913 P.2d 669, 676 (Ct.App.1996).

10.At trial, the State argued that the testimony was necessary to explain why Defendant would approach Spense and promptly ask her whether she wanted to buy drugs. The testimony would provide a context, the State contended, that could make credible what would otherwise be a rather implausible account.

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State v. Wrighter
922 P.2d 582 (New Mexico Court of Appeals, 1996)

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922 P.2d 582, 122 N.M. 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wrighter-nmctapp-1996.