Court of Appeals of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,546 documents
Citations - New Mexico Appellate Reports
State v. Rojo - cited by 1,051 documents
State v. Salas - cited by 343 documents
State v. Sparks - cited by 194 documents
State v. Sutphin - cited by 510 documents
Decision Content
STATE V. CARRASCO
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.
STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
JAMIE CARRASCO,
Defendant-Appellant.
No. 32,985
COURT OF APPEALS OF NEW MEXICO
October 7, 2013
APPEAL FROM THE DISTRICT COURT OF LEA COUNTY, Gary
Clingman, District Judge
COUNSEL
Gary K. King, Attorney General, Santa Fe, NM, for Appellee
Bennett J. Baur, Acting Chief Public Defender, Kathleen T. Baldridge, Assistant Appellate Defender, Santa Fe, NM, for Appellant
JUDGES
TIMOTHY L. GARCIA, Judge. WE CONCUR: CYNTHIA A. FRY, Judge, LINDA M. VANZI, Judge
MEMORANDUM OPINION
GARCIA, Judge.
{1} Defendant appeals his conviction for third degree criminal sexual penetration (CSP), which was enhanced due to his habitual offender status. [RP 145] Our notice proposed to affirm, and Defendant filed a memorandum in opposition. We remain unpersuaded by Defendant’s arguments and therefore affirm.
{2} Defendant continues to argue there was insufficient evidence to support his CSP conviction. See State v. Sutphin, 1988-NMSC-031, ¶ 21, 107 N.M. 126, 753 P.2d 1314 (setting forth the standard of review for a substantial evidence review). For the reasons detailed in our notice, we hold that the evidence supports the jury’s determination that Defendant inserted his penis in Victim’s vagina, and that he did so unlawfully and through the use of physical force or violence. [RP 97] See generally State v. Sparks, 1985-NMCA-004, ¶¶ 6-7, 102 N.M. 317, 694 P.2d 1382 (defining substantial evidence as that evidence which a reasonable person would consider adequate to support a defendant’s conviction). While Defendant maintains that Victim consented to his act [MIO 4], we again emphasize that the jury was free to reject Defendant’s version of the events. See State v. Rojo, 1999-NMSC-001, ¶ 19, 126 N.M. 438, 971 P.2d 829 (“Contrary evidence supporting acquittal does not provide a basis for reversal because the jury is free to reject Defendant’s version of the facts.”); see also State v. Salas, 1999-NMCA-099, ¶ 13, 127 N.M. 686, 986 P.2d 482 (recognizing that it is for the factfinder to resolve any conflict in the testimony of the witnesses and to determine where the weight and credibility lay).
{3} For the reasons set forth herein and in our notice, we affirm.
{4} IT IS SO ORDERED.
TIMOTHY L. GARCIA, Judge
WE CONCUR:
CYNTHIA A. FRY, Judge
LINDA M. VANZI, Judge