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 trafficking a controlled substance, conspiracy to commit trafficking, two counts of contributing to the delinquency of a minor, possession of a controlled substance (methamphetamine), and possession of a firearm by a felon (para 1).
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Appellant: The Defendant argued that the testimony supporting his convictions was problematic because accomplice testimony should be viewed with caution. He acknowledged the testimony identified in the notice of proposed disposition but contested its adequacy to uphold a conviction. The Defendant requested that the case be certified to the Supreme Court to revisit the validity of convictions based solely on accomplice testimony (paras 2-3).
- Appellee: The State, represented by the Attorney General, supported the sufficiency of the evidence for the Defendant's convictions, as indicated by the court's notice of proposed disposition and the existing legal precedent that allows for convictions based on uncorroborated accomplice testimony (para 3).
Legal Issues
- Whether the testimony identified in the notice of proposed disposition is sufficient to support the Defendant's convictions.
- Whether the court should certify the case to the Supreme Court to reconsider the validity of convictions based solely on accomplice testimony.
Disposition
- The court affirmed the Defendant's convictions for trafficking a controlled substance, conspiracy to commit trafficking, two counts of contributing to the delinquency of a minor, possession of a controlled substance (methamphetamine), and possession of a firearm by a felon (para 5).
Reasons
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Per MEGAN P. DUFFY, J. (JENNIFER L. ATTREP, C.J., and JANE B. YOHALEM, J., concurring):The court held that sufficient evidence supported the Defendant's convictions, citing New Mexico Supreme Court precedent that a defendant may be convicted on the uncorroborated testimony of an accomplice. The court noted that it is bound by this precedent and cannot deviate from it. The Defendant's request to certify the case to the Supreme Court for reconsideration of the principle allowing convictions based on accomplice testimony was declined. The court reasoned that the Defendant had not demonstrated that subsequent decisions or legislation had placed the underpinnings of the relevant precedent in question. The court also noted that the Defendant's repetition of arguments previously addressed did not fulfill the requirement to specifically point out errors of law and fact. Therefore, the court affirmed the convictions and directed the Defendant to the Rules of Appellate Procedure for seeking review with the Supreme Court (paras 2-5).
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