AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• In the summer of 2014, a passerby observed the Defendant attempting to manipulate a coin-collection box at the Finley Kidz Car and Dog Wash. The Defendant, after being joined by a woman who provided him with a metal tool, attempted to pry open the coin collection box. The police were called, and upon arrival, they found the Defendant near a bent car antenna and vise grip pliers, which appeared to have been used on the coin collection box. The Defendant initially provided a false name but later corrected it. Upon arrest for an outstanding warrant, a syringe suspected to contain heroin was found on the Defendant, which he attempted to empty while handcuffed (paras 2-4).

Procedural History

• Appeal from the District Court of Bernalillo County, Alisa A. Hadfield, District Judge, August 9, 2018.

Parties' Submissions

• Appellant: The Defendant argued that the evidence was insufficient to support his convictions for possession of burglary tools, conspiracy to commit possession of burglary tools, concealing identity, and possession of drug paraphernalia. Additionally, he contended that his convictions for possession of burglary tools and conspiracy to possess burglary tools violated double jeopardy (para 6).
• Appellee: [Not applicable or not found]

Legal Issues

• Whether sufficient evidence existed to support the Defendant's convictions for possession of burglary tools, conspiracy to commit possession of burglary tools, concealing identity, and possession of drug paraphernalia.
• Whether the Defendant's convictions for possession of burglary tools and conspiracy to possess burglary tools constituted a violation of double jeopardy.

Disposition

• The Court affirmed the Defendant's convictions for concealing identity and possession of drug paraphernalia.
• The Court reversed the Defendant's convictions for possession of burglary tools and conspiracy to possess burglary tools and remanded with instructions to vacate those convictions (para 18).

Reasons

• Per JULIE J. VARGAS, Judge (HENRY M. BOHNHOFF, Judge, EMIL J. KIEHNE, Judge concurring):
  The Court found sufficient evidence to support the Defendant's convictions for concealing identity and possession of drug paraphernalia, based on the Defendant's initial provision of a false name and the possession and disposal of a syringe suspected to contain heroin (paras 8-10, 15-16).
  The Court reversed the convictions for possession of burglary tools and conspiracy to possess burglary tools, determining that the coin collection box did not constitute a "structure" under the burglary statute, and therefore, the Defendant's actions could not support the charges (paras 11-14).
  The Court did not address the double jeopardy claim due to the reversal of the convictions for possession of burglary tools and conspiracy to possess burglary tools (para 14).