[DOWNLOAD] "State V. Trevino" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: State V. Trevino
- Author : New Mexico Court of Appeals
- Release Date : January 02, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Defendant appeals his convictions on four counts of criminal sexual contact of a minor (criminal sexual contact), NMSA 1978, § 30-9-13 (Cum. Supp. 1990), and two counts of contributing to the delinquency of a minor (contributing), NMSA 1978, § 30-6-3 (Repl. Pamp. 1984). On appeal, defendant argues (1) insufficient evidence of use of authority under Section 30-9-13(A)(2)(a); (2) merger of the contributing counts and the criminal sexual contact counts; (3) error in the admission of evidence of other uncharged acts; (4) error in refusing his request to exclude a testifying police officer from the courtroom; (5) prosecutorial misconduct; (6) failure to give requested jury instructions; (7) violation of his right to counsel; and (8) unconstitutional denial of trial tapes on appeal. We address issues (1) and (2) thoroughly and the remaining issues summarily, indicating how we would rule on these issues but for the following question. Although not raised, we also discuss a question of possible fundamental error: whether the conviction of criminal sexual contact of a child under the age of 13 must be set aside and remanded for new trial in light of our supreme court's recent decision in State v. Osborne, 111 N.M. 654, 808 P.2d 624 (1991), which was decided after the parties filed their briefs. We believe this question involves a significant question of law under the constitution of the United States and also an issue of substantial public interest that should be determined by the supreme court. See NMSA 1978, § 34-5-14(C)(1) & (2) (Repl. Pamp. 1990). We are concerned that Alexander v. Delgado, 84 N.M. 717, 507 P.2d 778 (1973) compels a decision by this court with which the supreme court ultimately might not agree. Additionally, as our discussion points out, resolution of a part of the issue may involve a choice between what appears to be conflicting decisions by the supreme court. Therefore, we certify the case to the New Mexico supreme court. We first discuss the factual background, then we discuss issues (1) and (2), followed by a summary discussion of issues (3) through (8). Finally, we address the issue we certify.