AI Generated Opinion Summaries

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

Facts

• During the summer of 2015, the Defendant lived with her ten-year-old daughter and three adult men in Milan, New Mexico. One of the men began sexually abusing the Defendant's daughter, treating her "like a girlfriend" and engaging in sexual acts with her multiple times. The Defendant was informed of the abuse by the victim's friend, confronted the abuser who admitted to the abuse, but the abuse continued two or three times after this confrontation. Additionally, the Defendant allowed her daughter to smoke marijuana with her and the abuser on multiple occasions and provided her with marijuana and drug paraphernalia. The Defendant also allowed her daughter to travel unaccompanied by her from New Mexico to Montana with the man and his girlfriend after learning of the abuse (paras 2-3).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Appellant (Defendant): Argued that the evidence was insufficient to support the three convictions of child abuse by endangerment. Specifically, contended there was not substantial evidence that allowing her daughter to smoke marijuana or giving her drug paraphernalia placed her in a dangerous situation. Also argued there was not substantial evidence she allowed her daughter to be alone or unsupervised with the man after learning he had sexually abused her. Challenged the third conviction on the basis of an inaccurate date range in the jury instruction, claiming it was fundamental error (para 1).
• Appellee (State of New Mexico): Maintained that there was substantial evidence to support the Defendant's convictions for child abuse by endangerment, arguing that the Defendant's actions of allowing her daughter to use marijuana and be unsupervised with her abuser constituted endangerment to her daughter's life or health (paras 5-14).

Legal Issues

• Whether there was substantial evidence to support the Defendant's convictions for child abuse by endangerment related to allowing her daughter to smoke marijuana and providing her with drug paraphernalia.
• Whether there was substantial evidence to support the Defendant's conviction for child abuse by endangerment for allowing her daughter to be alone or unsupervised with her abuser after learning of the abuse.
• Whether the inclusion of an inaccurate date range in the jury instruction for one of the child abuse counts constituted fundamental error.

Disposition

• The Court of Appeals affirmed the Defendant's convictions for all three counts of child abuse by endangerment (para 16).

Reasons

• IVES, Judge (with J. MILES HANISEE, Chief Judge, and MEGAN P. DUFFY, Judge concurring): The Court found substantial evidence supporting the Defendant's convictions, applying a two-step review process that views evidence in the light most favorable to the guilty verdict. For the marijuana-related convictions, the Court determined that the Defendant's actions of giving marijuana to her daughter and using it with her placed the daughter in a situation that endangered her life or health, considering the gravity of the risk, the violation of statutes, and the likelihood of harm. Regarding the conviction for allowing the daughter to be unsupervised with her abuser, the Court found sufficient evidence based on the daughter's testimony that the abuse continued after the Defendant was aware of it. The Court also concluded that the inaccurate date range in the jury instruction for one of the counts did not constitute fundamental error, as the instruction required the jury to find that the Defendant allowed her daughter to be alone with the abuser after learning of the abuse, which would not have confused or misdirected a reasonable juror (paras 5-15).