State v. Dickerson
35,630
N.M. Ct. App.Oct 3, 2016Background
- Defendant Kelvin Dickerson pleaded guilty under a plea agreement and appealed his judgment and sentence.
- On appeal Dickerson raised (1) a double jeopardy challenge to prosecution by separate sovereigns and (2) sentencing/classification issues regarding designation of certain convictions as serious violent offenses.
- The Court of Appeals issued a proposed summary disposition: affirm convictions as to double jeopardy, but reverse and remand limited sentencing/classification issues for additional fact-finding.
- The State agreed with the remand proposal and with affirming denial of the double jeopardy dismissal; Dickerson opposed the dual-sovereignty ruling and asked for further review or certification.
- The panel declined to certify to the New Mexico Supreme Court, held Rogers remains controlling on dual sovereignty, affirmed convictions, and reversed the serious-violent-offense designations for kidnapping and child abuse for additional factfinding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prosecution/punishment by two sovereigns violates double jeopardy | State: district court correctly denied dismissal; dual-sovereignty permits separate prosecutions | Dickerson: dual-sovereignty exception has been abrogated; Rogers should not control | Affirmed denial of dismissal; Rogers controlling; no double jeopardy bar |
| Whether court erred in designating kidnapping and child abuse as "serious violent offenses" without findings | State: agrees limited remand for factfinding is appropriate | Dickerson: did not contest remand in filings | Reversed the serious-violent-offense designations and remanded for additional factfinding |
Key Cases Cited
- State v. Rogers, 90 N.M. 604, 566 P.2d 1142 (1977) (upholding dual-sovereignty principle allowing separate prosecutions by different sovereigns)
- State v. Morales, 131 N.M. 530, 39 P.3d 747 (2002) (requires trial court findings when classifying offenses for sentencing purposes)
- State v. Frawley, 143 N.M. 7, 172 P.3d 144 (2007) (abrogated Morales on other grounds but does not negate the need for factual findings in classifications)