561 P.3d 1102
N.M. Ct. App.2024Background
- Paul Sandoval was convicted of several offenses against a minor, S.M., including criminal sexual penetration (CSP), criminal sexual contact of a minor (CSCM), child abuse, and giving alcohol to a minor, stemming from an incident on April 25-26, 2014.
- Sandoval, then 19, and an intoxicated friend picked up S.M., 15, and brought her to Sandoval’s home, where they gave her alcohol and sexually assaulted her.
- S.M. reported the crime to police on June 11, 2014. The first indictment was filed on May 15, 2017, dismissed later for further investigation, and a new indictment was filed on November 26, 2019—over five years after the offense.
- The second indictment included charges with “alternative” counts and the jury convicted Sandoval on most primary and alternate charges, resulting in a 30-year prison sentence.
- On appeal, Sandoval challenged several convictions on statute of limitations grounds, double jeopardy, and alleged errors in jury selection and instruction.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Statute of limitations for 3rd/4th degree felonies | Convictions timely; nonstatutory tolling should apply if not otherwise tolled | Filed outside 5-year limit, no statutory tolling applies post-voluntary dismissal | Convictions for these counts vacated; limitations expired |
| Double jeopardy (alternative and CSCM counts) | Convictions/alternatives valid; acts not unitary | Convictions violate double jeopardy; conduct is unitary with CSP | Double jeopardy violations for CSCM and alternates; convictions vacated/remanded |
| Jury selection (striking juror for cause) | Proper to strike juror unable to convict based solely on victim testimony | Striking juror was error; juror insufficiently biased | No error—district court did not abuse discretion |
| Jury instructions/curative instruction | No error in refusing instruction regarding prior consensual sex | Refusal was error; risked confusing jury about legality of prior conduct | No error—isolated comment, curative instruction unnecessary |
Key Cases Cited
- State v. Kerby, 141 N.M. 413 (purpose of criminal statutes of limitation is to limit exposure to prosecution within a fixed time)
- State v. Martinez, 92 N.M. 291 (statute of limitations tolled by timely complaint filed in proper court, but not extended by voluntary dismissal)
- State v. Collier, 301 P.3d 370 (timely felony indictments toll statute of limitations for lesser-included misdemeanors)
- State v. Porter, 476 P.3d 1201 (legislature did not intend multiple punishments for unitary conduct violating both CSP and CSCM statutes)
- State v. Mora, 69 P.3d 256 (unitary conduct for sex offenses; touching and attempted penetration simultaneously are not distinct crimes)
- State v. Phillips, 548 P.3d 51 (unitary conduct if acts lack distinct time, place, or quality separation for double jeopardy analysis)