A-1-CA-36986•January 28, 2019- State of New Mexico v. Mark Chacon, No. A-1-CA-36986
January 28, 2019- State of New Mexico v. Mark Chacon, No. A-1-CA-36986
A-1-CA-36986Nmctapp
Texto completo
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-36986
5 MARK CHACON,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
8 Brett R. Loveless, District Judge
9 Hector H. Balderas, Attorney General
19 Santa Fe, NM
11 for Appellee
12 Bennett J. Baur, Chief Public Defender
13 William A. 0' Connell, Assistant Appellate Defender
14 Santa Fe, NM
15 for Appellant
16 MEMORANDUM OPINION
17 HANISEE, Judge.
18 {t} Defendant has appealed from convictions for unlawful taking of a motor
19 vehicle, conspiracy, and interference with communications. We previously issued a
20 notice of proposed summary disposition in which we proposed to uphold the
Court of Appeals of New Mexico
Filed 1/28/2019 9:51 AM
Mark Reynolds1 convictions. Defendant has filed a memorandum in opposition. After due
2 consideration, we remain unpersuaded. We therefore affirm.
3 {2} The pertinent background information and applicable principles were set out
4 in the notice of proposed summary disposition. We will avoid unnecessary repetition
5 here, focusing _instead on the content of the memorandum in opposition.
6 {3} Defendant continues to challenge the sufficiency of the evidence. [MIO 1-5]
7 However, the testimony of the victim supplies ample support for the convictions. See
8 State v. Soliz, 1969-NMCA-043, 18, 80 N.M. 297,454 P.2d 779 ("As a general rule,
9 the testimony of a single witness is sufficient evidence for a conviction.").
10 {4} In his memorandum in opposition Defendant focuses on countervailing
11 inferences which might have been drawn, based upon his own testimony. [MIO 2]
12 "However, as a reviewing court, we do not reweigh the evidence or attempt to draw
13 alternative inferences from the evidence." State v. Estrada, 2001-NMCA-034, 141,
14 130 N.M. 358, 24 P.3d 793. Moreover, the jury was free "to reject [Defendant's]
15 explanation of his actions and to draw its own inferences based on the evidence."
16 State v. Coffin, 1999-NMSC-038, 177, 128 N.M. 192,991 P.2d 477.
17 {5} Accordingly, for the reasons stated in our notice of proposed summary
18 disposition and above, we affirm.1 {6} IT IS SO ORDERED.
2
3
4 WE CONCUR:
s l\.6 M. MONICA ZAMO
7 ~4:ir -8 JEN~ATTREP,Judge
.. ..
y.~
J. MILES HANISEE, Judge
2Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.