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 charged with impersonating a peace officer in two separate incidents where he pretended to be a United States border patrol agent. In the first incident, he claimed to be a border patrol agent during a traffic stop where he was a passenger. In the second incident, he blocked a victim's advocate's car, claimed she was breaking the law, and demanded her identification while impersonating a border patrol agent (paras 2-3).

Procedural History

• Appeal from the District Court of Doña Ana County, Lisa C. Schultz, District Judge.
• Certiorari Denied, October 10, 2012, No. 33,814.
• Released for Publication December 18, 2012.

Parties' Submissions

• Defendant: Argued that the United States Border Patrol is a federal entity and that the statutory definition of a peace officer is limited to New Mexico state officials and officers. He also contended that his impersonation of a federal border patrol agent should not fall under the statute and that the charges against him should have been dismissed (para 4).
• State: Asserted that the statute's plain language intended to protect New Mexicans from the misuse of any appearance of authority, including the impersonation of federal agents. The State argued that the statute applies to the impersonation of federal officers (para 7).

Legal Issues

• Whether a federal border patrol agent is considered a “peace officer” within the meaning of Section 30-27-2.1, thus making impersonation of such an agent a violation of the statute (para 1).
• Whether the district court erred in denying Defendant’s motion for mistrial based on prosecutorial misconduct (para 5).
• Whether the district court properly denied Defendant's pretrial motions regarding prosecutorial vindictiveness and double jeopardy (paras 19-21).

Disposition

• The Court of Appeals affirmed the district court's decision on all issues, upholding the Defendant's convictions (para 23).

Reasons

• LINDA M. VANZI, Judge (JAMES J. WECHSLER, Judge, CYNTHIA A. FRY, Judge concurring): The Court agreed with the district court that the statutory definition of “peace officer” includes the impersonation of federal officials, affirming the decision on that issue. It also concluded that the district court did not abuse its discretion in denying Defendant’s motion for mistrial based on prosecutorial misconduct. The Court found no error in the district court’s other rulings, including the handling of prosecutorial vindictiveness and double jeopardy claims, affirming Defendant’s convictions (paras 1, 5-23).