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

• The Defendant was convicted in metropolitan court for telephone harassment after making a statement to the victim that he would “make her pay” for her involvement with another man.

Procedural History

• Appeal from the District Court of Bernalillo County, Kenneth H. Martinez, District Judge: Affirmed the metropolitan court conviction for telephone harassment.

Parties' Submissions

• Appellant (Defendant): Argued that the evidence was insufficient to support his conviction, asserting that his statement to the victim does not constitute the type of threat the Legislature intended to punish (para 2).
• Appellee (State of New Mexico): [Not applicable or not found]

Legal Issues

• Whether the evidence was sufficient to support the Defendant's conviction for telephone harassment.

Disposition

• The Court of Appeals affirmed the district court judgment, which had affirmed the Defendant's metropolitan court conviction for telephone harassment (para 3).

Reasons

• Per Roderick T. Kennedy, Chief Judge, concurred by Timothy L. Garcia, Judge, and J. Miles Hanisee, Judge: The Court was not persuaded by the Defendant's argument that his statement to the victim did not constitute a threat as intended by the Legislature. The Court, viewing the evidence in the light most favorable to the judgment, found that the language used by the Defendant could reasonably be construed as a threat to commit a tortious or criminal act, thus supporting the conviction for telephone harassment (paras 1-3).