State v. Carlos C. ( 2014 )

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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 STATE OF NEW MEXICO,
3 Plaintiff-Appellee,
4 v. No. 33,099
5 CARLOS C.,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY
8 Freddie J. Romero, District Judge
9 Gary K. King, Attorney General
10 Santa Fe, NM
11 for Appellee
12 The Law Offices of the Public Defender
13 Jorge A. Alvarado, Chief Public Defender
14 Kathleen T. Baldridge, Assistant Appellate Defender
15 Santa Fe, NM
16 for Appellant
17 MEMORANDUM OPINION
18 HANISEE, Judge.
1 {1} Child appeals from an adjudication of delinquency. We issued a calendar notice
2 proposing to affirm. Child has responded with a memorandum in opposition. Not
3 persuaded, we affirm.
4 {2} Issues 1-4: Child has claimed that the district court should have granted his
5 motion to suppress on the basis that the officers arrested him on outstanding warrants
6 as a pretext to question him about unrelated crimes. However, this Court recently
7 concluded that the pretextual stop doctrine does not apply where a defendant is
8 arrested pursuant to an outstanding warrant. State v. Peterson, 2014-NMCA-008, ¶ 7,
9 315 P.3d 354.
10 {3} Issue 5: Child continues to challenge the sufficiency of the evidence to support
11 the adjudication of delinquency. “In reviewing the sufficiency of the evidence, we
12 must view the evidence in the light most favorable to the guilty verdict, indulging all
13 reasonable inferences and resolving all conflicts in the evidence in favor of the
14 verdict.” State v. Cunningham, 2000-NMSC-009, ¶ 26, 128 N.M. 711, 998 P.2d 176.
15 The question is whether the trial court’s “decision is supported by substantial
16 evidence, not whether the [trial] court could have reached a different conclusion.” In
17 re Ernesto M., Jr., 1996-NMCA-039, ¶ 15, 121 N.M. 562, 915 P.2d 318. “The
18 reviewing court does not weigh the evidence or substitute its judgment for that of the
19 fact finder as long as there is sufficient evidence to support the verdict.” State v. Mora,
2
1 1997-NMSC-060, ¶ 27, 124 N.M. 346, 950 P.2d 789, overruled on other grounds by
2 Kersey v. Hatch, 2010-NMSC-020, 148 N.M. 381, 237 P.3d 683.
3 {4} The underlying judgment in this case involved consolidated proceedings. [RP
4 155] The notice of appeal is directed at the findings in JR-13-020, in which the district
5 court determined that Child committed the acts of (1) possession of a controlled
6 substance (methamphetamine), (2) tampering with evidence, (3) resisting, evading or
7 obstructing an officer, and (4) possession of marijuana or synthetic cannabinoids. [RP
8 155, 176]
9 {5} Our calendar notice proposed to affirm based on the facts set forth in the
10 docketing statement. Specifically, Child attempted to flee when the officers came to
11 arrest him. [DS 6] Once caught, Child handed a bag to his grandmother. [DS 6] The
12 bad contained methamphetamine and marijuana. [DS 6, 12] Child’s memorandum in
13 opposition does not point out any error in fact or law in our calendar notice. See State
14 v. Ibarra, 1993–NMCA–040, ¶ 11, 116 N.M. 486, 864 P.2d 302 (“A party opposing
15 summary disposition is required to come forward and specifically point out errors in
16 fact and/or law.”).
17 {6} For the reasons set forth above, we affirm.
18 {7} IT IS SO ORDERED.
19
3
1 J. MILES HANISEE, Judge
2 WE CONCUR:
3
4 RODERICK T. KENNEDY, Chief Judge
5
6 JAMES J. WECHSLER, Judge
4