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268 P.3d 515
N.M. Ct. App.
2011
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Background

  • Night of May 30, 2007, at the desert pit outside Las Cruces where Defendant, intoxicated, joined a group that attacked others.
  • Defendant and associates confronted the group with bats; Jeff was knocked unconscious and Crystal was threatened and assaulted.
  • The group stole Jeff and Crystal’s phones; Cesar’s stereo faceplate and CDs were taken; Cesar’s truck and Red Bull car were damaged.
  • Defendant and accomplices fled; police arrested them at a Circle K; Cesar’s vehicle parts and Red Bull cans were found in their car.
  • At trial, the district court refused an intoxication instruction; Defendant was convicted on multiple counts; sentence was twelve years with nine suspended.
  • On appeal, Defendant challenges intoxication instruction, confrontation rights, sufficiency of evidence, evidentiary rulings on photography, and ineffective assistance; the court reverses on intoxication and remands for retrial on six counts, while affirming others.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether intoxication instruction should have been given State Castillo Yes; instruction required; remand for new trial
Confrontation rights and cross-examination limitation State Castillo Not preserved for review; issue not reached
Sufficiency of evidence for Cesar’s truck damage conviction State Castillo Sufficient evidence to support conviction
Admissibility of photographic evidence State Castillo Argument undeveloped; not reviewed on merits
Ineffective assistance of counsel claims State Castillo Claims not reviewable due to lack of identifying witnesses and preservation issues

Key Cases Cited

  • State v. Apodaca, 118 N.M. 762, 887 P.2d 756 (1994) (evidence viewed in light most favorable to verdict; intoxication standard)
  • State v. Hernandez, 134 N.M. 510, 79 P.3d 1118 (2003-NMCA-131) (entitled to intoxication instruction if any evidence supports it)
  • Martinez v. State, 91 N.M. 747, 580 P.2d 968 (1978) (inconsistent defenses allowed when supported by evidence)
  • State v. Ellis, 144 N.M. 253, 186 P.3d 245 (2008-NMSC-032) (review for legal questions; preservation principles)
  • State v. Tom, 148 N.M. 348, 236 P.3d 660 (2010-NMCA-062) (dual defenses and credibility considerations)
  • United States v. Demma, 523 F.2d 981 (9th Cir. 1975) (supporting view that inconsistent defenses may be pursued)
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Case Details

Case Name: State v. Dickert
Court Name: New Mexico Court of Appeals
Date Published: Dec 6, 2011
Citations: 268 P.3d 515; 2012 NMCA 004; 1 N.M. Ct. App. 122; 2012 NMCA 4; No. 33,295; No. 33,297; Docket No. 29,720
Docket Number: No. 33,295; No. 33,297; Docket No. 29,720
Court Abbreviation: N.M. Ct. App.
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