State v. White ( 2019 )

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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. A-1-CA-37008
5 CLIFTON WHITE,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
8 Angela J. Jewell, District Judge
9 Hector H. Balderas, Attorney General
10 Santa Fe, NM
11 for Appellee
12 Bennett J. Baur, Chief Public Defender
13 Kathleen T. Baldridge, Assistant Appellate Defender
14 Santa Fe, NM
15 for Appellant
16 MEMORANDUM OPINION
17 HANISEE, Judge.
18 {1} Defendant Clifton White appeals from the district court’s revocation of his
19 probation. On appeal, Defendant contends that there was insufficient evidence
20 presented to establish that his violation was willful. This Court issued a calendar
1 notice proposing to affirm the revocation of Defendant’s probation. Defendant has
2 filed a memorandum in opposition to our notice of proposed disposition, which we
3 have duly considered. Unpersuaded, we affirm.
4 {2} In his memorandum in opposition, Defendant asserts that the district court erred
5 in concluding that his probation violation was willful where he came forward with
6 evidence that he had taken other drug tests during that same time period that were
7 negative and that he had made arrangements with his probation officer to reschedule
8 his drug test. [MIO 4-5] However, the only testimony that Defendant asserts
9 established these facts is his own. To the extent that Defendant’s probation officer
10 testified that he had missed a required drug test and did not also testify to agreeing to
11 reschedule the drug test with Defendant, this presents an issue of credibility for the
12 district court to decide.
13 {3} As this Court noted in our notice of proposed disposition, we must “view[] the
14 evidence in a light most favorable to the State and indulg[e] all reasonable inferences
15 in favor of the [district] court’s judgment.” State v. Erickson K., 2002-NMCA-058,
16 ¶ 21, 132 N.M. 258, 46 P.3d 1258. We further noted that contrary evidence does not
17 support a basis for reversal. State v. Rojo, 1999-NMSC-001, ¶ 19, 126 N.M. 438, 971
18 P.2d 829. As the arguments that Defendant continues to assert on appeal ask this
19 Court to reweigh evidence, we must decline to do so and affirm. See State v. Salas,
2
1 1999-NMCA-099, ¶ 13, 127 N.M. 686, 986 P.2d 482 (recognizing that it is for the
2 fact-finder to resolve any conflict in the testimony of the witnesses and to determine
3 where the weight and credibility lie).
4 {4} Accordingly, for the reasons stated above and in this Court’s notice of proposed
5 disposition, we affirm the district court’s revocation of Defendant’s probation.
6 {5} IT IS SO ORDERED.
7
8 J. MILES HANISEE, Judge
9 WE CONCUR:
10
11 M. MONICA ZAMORA, Chief Judge
12
13 JULIE J. VARGAS, Judge
3