287 P.3d 344
N.M. Ct. App.2012Background
- Trujillo was convicted of second degree CSCM under § 30-9-13(B)(1) for causing C.A., a ten-year-old, to touch his unclothed penis.
- C.A. testified that she awoke and touched Trujillo’s penis while in bed; Mother woke up and later the incident was reported.
- Defense presented that C.A. was not truthful and that there was no electricity/light in the room; Mother testified about C.A.’s jealousy and past allegations.
- After verdict, Trujillo moved to amend the degree of charge; district court denied, and he was sentenced for second degree CSCM.
- The State argued the jury instruction reflected third degree CSCM, but the court sentenced on the second degree charge; this prompted appeal.
- The court remands for entry of a third degree CSCM conviction and resentencing after holding the conduct fits third degree CSCM.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | State presented sufficient evidence | Evidence failed to prove intentional touch | Evidence sufficient |
| Confrontation/due process and case agent testimony | Pitcock absence did not violate confrontation or due process | Defendant needed to cross-examine investigator's information | No due process or confrontation violation |
| Proper degree of CSCM | Second degree instruction properly reflected the charge | Conduct constitutes third degree CSCM; jury instruction improperly framed | Conduct is third degree; remand for third degree CSCM conviction |
| Effect of using third degree instruction language for second degree charge | Language mirrors third degree instruction but supports second degree | No existing second degree instruction; improper modification | Plain-language interpretation shows only second degree for unclothed parts; remand |
Key Cases Cited
- State v. Sutphin, 107 N.M. 126 (N.M. 1988) (sufficiency standard for criminal evidence)
- State v. Garcia, 114 N.M. 269 (N.M. 1992) (jury verdicts reviewed in light favorable to prosecution)
- State v. Rojo, 1999-NMSC-001 (N.M. Supreme Court, 1999) (standard for appellate review of evidence)
- State v. Hernandez, 115 N.M. 6 (N.M. 1993) (credibility and weighing of witness testimony)
- State v. Gonzales, 2011-NMCA-081 (N.M. Court of Appeals, 2011) (statutory interpretation of CSCM degrees)
- State v. Arellano, 1997-NMCA-074 (N.M. Court of Appeals, 1997) (specific versus general CSCM definitions)
- State v. Block, 2011-NMCA-101 (N.M. Court of Appeals, 2011) (plain meaning rule in statutory interpretation)