State v. Pacheco-Marez
36,130
| N.M. Ct. App. | Aug 30, 2017Background
- Defendant Cynthia Pacheco-Marez was convicted by a jury of possession of methamphetamine, concealing identity, and possession of an open container.
- Police found a small plastic baggie containing a white substance next to Defendant as she sat on a curb.
- Officer Renteria observed Defendant with two open bottles of liquor as she exited a U-Haul vehicle.
- Defendant provided a false name, false date of birth, and false social security number to the officer; the officer later discovered her true identity through investigation.
- Defendant appealed, arguing insufficiency of the evidence (claiming another passenger could have placed the baggie on the ground and denying concealment/open-container). The Court of Appeals proposed affirming and, after considering Defendant’s response, affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for possession of methamphetamine | The State argued the baggie found next to Defendant supported possession | Defendant argued a passenger could have removed the baggie and placed it by her, creating reasonable doubt | Affirmed — viewing evidence favorably to verdict, jury could infer possession; appellate court will not reweigh evidence |
| Sufficiency of evidence for concealing identity | The State presented that Defendant gave false identifying information and was later identified | Defendant argued there was reasonable doubt about concealment despite false info | Affirmed — evidence supported conviction for concealing identity |
| Sufficiency of evidence for open container | The State relied on officer’s observation of two open liquor bottles when Defendant exited the vehicle | Defendant argued reasonable doubt that she possessed the open containers | Affirmed — officer’s observation provided sufficient evidence |
| Standard of review on sufficiency challenges | The State relied on established appellate standards to sustain verdicts | Defendant asked the court to overturn verdicts based on alternative hypotheses | Court applied standard of viewing evidence in light most favorable to verdict and refused to substitute its judgment for jury’s |
Key Cases Cited
- State v. Sutphin, 107 N.M. 126, 753 P.2d 1314 (N.M. 1988) (appellate courts must not reweigh evidence or substitute judgment for the factfinder)
- State v. Rojo, 126 N.M. 438, 971 P.2d 829 (N.M. 1999) (the jury may reject a defendant’s version of events)
- State v. McGhee, 103 N.M. 100, 703 P.2d 877 (N.M. 1985) (weight and inferences from evidence are for the trier of fact)
- State v. Cunningham, 128 N.M. 711, 998 P.2d 176 (N.M. 2000) (on sufficiency review, all reasonable inferences are indulged in favor of the verdict)
