AI Generated Opinion Summaries

Decision Information

Decision Content

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

  • In May 2016, following a tip about a heroin overdose, Captain Rodney Porter arrived at Jacqueline Rosemond's residence, where he found Wayne Faulk and others, including the Defendant, Danny Goree. Goree informed Porter that Faulk had overdosed and he had tried to revive him. Porter noticed a syringe in Goree's pocket, which Goree attempted to empty when questioned. The syringe, confirmed to contain heroin, was seized as evidence. Goree, admitting to being a heroin user, was offered to become a confidential informant but was later arrested for possession of heroin (paras 2-5).

Procedural History

  • [Not applicable or not found]

Parties' Submissions

  • Plaintiff-Appellee (State of New Mexico): Argued that there was sufficient evidence to support Goree's conviction for possession of a controlled substance, emphasizing the syringe containing heroin found in Goree's possession and his admission of daily heroin use (para 8).
  • Defendant-Appellant (Danny Goree): Contended that there was insufficient evidence for his conviction, asserting he did not possess heroin and denied having a syringe in his pocket. Goree also argued that the district court abused its discretion by preventing him from impeaching Captain Porter's testimony regarding a past incident (paras 8, 12).

Legal Issues

  • Whether there was sufficient evidence to convict Goree of possession of a controlled substance.
  • Whether the district court abused its discretion in preventing Goree from questioning Captain Porter about a past incident involving mishandling of evidence (paras 8, 12).

Disposition

  • The Court of Appeals affirmed Goree's conviction for possession of a controlled substance (para 17).

Reasons

  • B. Zamora, J. (with J. Miles Hanisee, J., and Jennifer L. Attrep, J., concurring): The court found substantial evidence supporting Goree's conviction, including the syringe with heroin found in his possession and his attempt to dispose of it, alongside his admission of daily heroin use. The court also held that the district court did not abuse its discretion in prohibiting Goree from impeaching Captain Porter's testimony regarding the past incident, as it was not relevant to Porter's character for truthfulness or untruthfulness. The court did not address Goree's confrontation argument on appeal due to lack of preservation and limited its analysis to the district court's grant of the State's motion in limine (paras 8-17).
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