State v. Jesus B.
34,558
| N.M. Ct. App. | Nov 21, 2016Background
- Child (Jesus B.) was adjudicated a delinquent child after a children’s court found he committed disorderly conduct under NMSA 1978, § 30-20-1(A) for shooting plastic ammunition from a small plastic gun on a rooftop in downtown Artesia.
- The sole eyewitness was Sgt. Ricardo Huerta, who heard small "bangs" from a metal roof, saw Child descend from the roof holding the toy gun and a bag of plastic ammunition, and testified that Child admitted he and another child were "shooting targets" on the roof.
- Huerta cited Child for firing the BB gun within city limits and for trespass; the State proceeded at adjudication on § 30-20-1(A) (disorderly conduct).
- The children’s court found disorderly conduct and adjudicated Child delinquent; Child appealed arguing insufficient evidence and improper admission of his statements.
- The Court of Appeals reviewed only the sufficiency-of-the-evidence claim and reversed the disorderly-conduct finding and the delinquency adjudication.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove Child committed disorderly conduct under § 30-20-1(A) (conduct that tends to disturb the peace) | The noises and rooftop shooting of plastic ammunition in a downtown commercial district disturbed the peace and met the statute’s elements | The acts (minor noise and shooting plastic ammunition from a toy on a roof) were not the sort of conduct that clearly tends to disturb the peace; other statutory remedies (trespass, city ordinance) were available | Reversed: evidence insufficient because Child’s conduct did not clearly tend to disturb the peace in the circumstances presented |
| Whether Child’s statements to the officer were improperly admitted | Statements were admissible (State’s position at hearing) | Statements were inadmissible (Child’s argument on appeal) | Not reached by the Court of Appeals (court reversed on sufficiency grounds) |
Key Cases Cited
- State v. Astorga, 343 P.3d 1245 (N.M. 2015) (standard for sufficiency of the evidence review)
- State v. Correa, 222 P.3d 1 (N.M. 2009) (disorderly conduct statute construed narrowly; two essential elements: conduct and tendency to disturb the peace)
- State v. Florstedt, 419 P.2d 248 (N.M. 1966) (similar fact pattern where evidence was insufficient to show disturbance of the peace)
- Mocek v. City of Albuquerque, 813 F.3d 912 (10th Cir. 2015) (context—time, place, and manner—is relevant when assessing disturbance of the peace)