Court of Appeals of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,502 documents
Citations - New Mexico Appellate Reports
State v. Ernesto M. (In re Ernesto M.) - cited by 358 documents
State v. Salas - cited by 342 documents
State v. Slade - cited by 130 documents
Decision Content
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
No. A-1-CA-38127
STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
ROGERIO VALLEJOS,
Defendant-Appellant.
APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY
Karen L. Townsend, District Judge
Hector H. Balderas, Attorney General
Santa Fe, NM
for Appellee
Bennett J. Baur, Chief Public Defender
William O’Connell, Assistant Appellate Defender
Santa Fe, NM
for Appellant
MEMORANDUM OPINION
, Judge.
{1} Defendant Rogerio Vallejos appeals from his conviction for battery on a peace officer. This Court issued a calendar notice proposing to affirm Defendant’s conviction. Defendant has filed a memorandum in opposition with this Court, which we have duly considered. Unpersuaded, we affirm.
{2} On appeal, Defendant challenges the sufficiency of the evidence to support his conviction. [DS 3] In this Court’s calendar notice, we proposed to affirm on this issue. In response, Defendant continues to assert that there was insufficient evidence for his conviction, and specifically contends that the State’s failure to disclose a video recording of the subject incident should have cast sufficient doubt on the State’s case such that a reasonable fact-finder could not have found him guilty beyond a reasonable doubt. [MIO 1] As such, Defendant’s argument challenges the weight the jury gave the evidence below. However, appellate courts do not reweigh the evidence or reassess credibility determinations on appeal. See State v. Slade, 2014-NMCA-088, ¶ 13, 331 P.3d 930 (“[A]ppellate courts do not search for inferences supporting a contrary verdict or re-weigh the evidence because this type of analysis would substitute an appellate court’s judgment for that of the jury.” (internal quotation marks and citation omitted)); State v. Salas, 1999-NMCA-099, ¶ 13, 127 N.M. 686, 986 P.2d 482 (recognizing that it is for the fact-finder to resolve any conflict in the testimony of the witnesses and to determine where the weight and credibility lie). Rather, on appeal, we review whether the fact-finder’s “decision is supported by substantial evidence, not whether the trial court could have reached a different conclusion.” In re Ernesto M., Jr., 1996-NMCA-039, ¶ 15, 121 N.M. 562, 915 P.2d 318.
{3} Accordingly, for the reasons stated above and in our notice of proposed disposition, we affirm Defendant’s conviction.
{4} IT IS SO ORDERED.
JULIE J. VARGAS, Judge
WE CONCUR:
KRISTINA BOGARDUS, Judge
BRIANA H. ZAMORA, Judge