State v. Gutierrez, 150 N.M. 232

Gutierrez, a sixteen-year-old, confessed to shooting Powell in Powell’s home and stealing Powell’s car; he was charged with open murder, aggravated burglary, armed robbery, and unlawful taking of a motor vehicle; a jury convicted him on all counts and sentenced him to life imprisonment plus nineteen and one-half years; the appeal challenged suppression of the confession and shoes, venue, double jeopardy, and sentencing procedures; the court held the confession and shoes admissible, denied change of venue based on voir dire, vacated the unlawful taking conviction, and remanded for sentencing with a pre-sentence report; the court affirmed other rulings and remanded for resentencing accordingly.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the confession admissible under Miranda and voluntary under totality of circumstances?	Gutierrez contends the waiver was not knowing or voluntary.	Gutierrez claims ADHD, Spanish primary language, and coercive tactics compromised voluntariness.	Yes; waiver voluntary and confession admissible.
Were the shoes seized during a valid inventory search?	The state failed to show proper inventory procedures.	Inventory search rules applicable; shoes admissible.	Admissible; inventory procedures valid.
Did the district court abuse its discretion in denying change of venue due to pre-trial publicity?	Publicity prejudiced San Juan County residents; venue should change.	Large county; voir dire mitigates prejudice; no presumed prejudice.	No abuse of discretion; venue denial upheld.
Do armed robbery and unlawful taking of a motor vehicle violate double jeopardy when the same car is at issue?	McGruder should control; separate offenses.	Blockburger framework and Pandelli approach apply; potential for multiple punishment.	Unlawful taking conviction vacated as double jeopardy; dual convictions improper.
Was pre-sentence reporting mandatory for sentencing; and was life sentence mandatory for serious youthful offender?			Remand for resentencing with a mandatory pre-sentence report; life sentence permissible but not mandatory.

State v. Martinez, 1999-NMSC-018, 127 N.M. 207 (New Mexico Supreme Court 1999) (totality-of-circumstances for juveniles' Miranda waiver)
Fare v. Michael C., 442 U.S. 707 (U.S. 1979) (juvenile waiver considerations under totality of circumstances)
Moran v. Burbine, 475 U.S. 412 (U.S. 1986) (two-dimensional waiver—voluntariness and awareness of rights)
Schneckloth v. Bustamonte, 412 U.S. 218 (U.S. 1973) (voluntariness evaluated under totality of circumstances)
State v. Setser, 1997-NMSC-004, 122 N.M. 794 (New Mexico Supreme Court 1997) (threshold admissibility of confessions; voluntariness)
Berghuis v. Thompkins, 130 S. Ct. 2250 (U.S. 2010) (clarifies understanding of rights and waivers after warnings)
State v. McGruder, 1997-NMSC-023, 123 N.M. 302 (New Mexico Supreme Court 1997) (double jeopardy for unlawful taking of car vs armed robbery; later overruled by Pandelli-based approach)
Pandelli v. United States, 635 F.2d 533 (6th Cir. 1980) (modified Blockburger approach for vague/alternative statutes)
State v. Franco, 2005-NMSC-013, 137 N.M. 447 (New Mexico Supreme Court 2005) (adopts Pandelli method for alternative-written statutes)
Swafford v. State, 112 N.M. 3, 810 P.2d 1223 (New Mexico Supreme Court 1991) (two-step double jeopardy inquiry: unitary conduct and legislative intent)