This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The Defendant was convicted for tampering with evidence, specifically related to an incident where she allegedly hid a urine sample during a mandatory test for probation purposes. The State's evidence suggested the Defendant attempted to use someone else's urine sample instead of her own, as indicated by the probation officer's observations of the sample's temperature and the sound of liquid being poured into the cup (para 3).
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Plaintiff-Appellee (State of New Mexico): Argued that the Defendant tampered with evidence by attempting to use a substitute urine sample during a mandatory test, as supported by the probation officer's testimony regarding the unusual temperature of the sample and the sound of liquid being poured (para 3).
- Defendant-Appellant (Amanda K. Aberle): Contended that the State failed to prove she had the requisite intent to commit tampering and argued there was no evidence of an overt act that would constitute tampering with evidence (para 4).
Legal Issues
- Whether the evidence presented was sufficient to support the Defendant's conviction for tampering with evidence.
- Whether the Defendant's actions constituted an overt act with the requisite intent to tamper with evidence.
Disposition
- The conviction for tampering with evidence was affirmed (para 5).
Reasons
-
The panel, consisting of Judges Julie J. Vargas, Megan P. Duffy, and Zachary A. Ives, unanimously affirmed the conviction. They found that the evidence, particularly the probation officer's testimony about the temperature of the urine sample and the sound of liquid being poured, was substantial enough to support the conviction. The court held that the Defendant's act of concealing and using urine in a bottle as a substitute for a real-time sample demonstrated the requisite mens rea for tampering with evidence. The court was not persuaded by the Defendant's argument that there was no proof of an overt act or the requisite intent to commit tampering, citing precedent that intent is often inferred from the circumstances (paras 1-5).
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