State v. Gonzales
2013 NMSC 016
N.M.2013Background
- Defendant Alicia Gonzales, intoxicated, drove after an evening of heavy drinking and caused a crash near the Avenida Cesar Chavez exit, killing Manuel Delfino and injuring Deandre Fortune.
- The State charged multiple offenses, including negligent and intentional child abuse, aggravated DWI, and leaving the scene; vehicular homicide was not charged.
- At trial, Gonzales was convicted of negligent child abuse (later reversed for lack of substantial evidence), DWI, and leaving the scene; the State sought retrial for vehicular homicide but had not charged it initially.
- The Court of Appeals barred retrial for vehicular homicide on double jeopardy grounds, based on Meadors and related principles; the State sought certiorari on the denial of a new trial for vehicular homicide.
- The New Mexico Supreme Court reviews whether double jeopardy bars retrial and whether compulsory joinder Rule 5-203(A) requires joining vehicular homicide with child abuse, thereby preventing piecemeal prosecution.
- The Court ultimately affirms the Court of Appeals, holding that compulsory joinder bars the subsequent prosecution for vehicular homicide in this case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does double jeopardy bar retrial for vehicular homicide after child abuse convictions were reversed for insufficiency? | Gonzales argues retrial is barred due to prior acquittal on the greater charge. | State argues retrial permitted if vehicular homicide is a lesser included offense or not barred by double jeopardy. | Bars retrial under joinder and double jeopardy principles. |
| Is Hall controlling in this context to permit retrial after reversal for insufficient evidence? | State relies on Hall to permit retrial. | Hall does not apply because the reversal here was based on sufficiency of evidence, not guilt grounds. | Hall does not control; accompanying joinder rationale applies. |
| Does Rule 5-203(A) compulsory joinder prevent piecemeal prosecution of offenses arising from the same conduct? | State could pursue vehicular homicide separately. | Joinder is mandatory for same conduct; failure to join bars subsequent prosecution. | Mandatory joinder bars piecemeal prosecution. |
| Is vehicular homicide a lesser included offense of negligent child abuse under the facts? | State contends it could be a lesser included offense. | Court need not decide lesser-included status; joinder suffices to bar retrial. | Not necessary to decide; joinder bars retrial regardless. |
| Should the prosecution have joined vehicular homicide with child abuse initially under Rule 5-203(A)? | State had opportunities to join but did not. | Non-joinder was improper and creates bar to retrial. | Failure to join barred subsequent prosecution. |
Key Cases Cited
- Burks v. United States, 437 U.S. 1 (U.S. 1978) (double jeopardy when evidence is legally insufficient precludes retrial)
- State v. Meadors, 121 N.M. 38, 908 P.2d 731 (N.M. 1995) (lesser included offenses and double jeopardy considerations)
- United States v. Gooday, 714 F.2d 80 (9th Cir. 1983) (acquittal on greater offense precludes retrial of lesser offenses not submitted)
- Commonwealth v. Laird, 988 A.2d 618 (Pa. 2010) (joinder and double jeopardy considerations in multiple prosecutions)
- Montana v. Hall, 481 U.S. 400 (U.S. 1987) (reversal on grounds other than insufficient evidence does not always bar retrial; Hall distinguished)