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

• The Defendant was convicted for conspiracy to commit non-residential burglary after a jury trial. The case involved a city-owned generator with a tracking device that was stolen. The Albuquerque Police Department (APD) tracked the generator to a green Dodge pickup truck driven by the Defendant, who was seen parking the truck at his home and walking inside with his passenger, Mr. Milligan. The generator was found in plain view in the bed of the truck. Upon searching the truck and the individuals, detectives found burglary tools and items indicating a burglary had occurred. The Defendant claimed he was merely giving Mr. Milligan a ride to his apartment to retrieve some belongings and was not involved in the theft (paras 2-5).

Procedural History

• Appeal from the District Court of Bernalillo County, Alisa A. Hadfield, District Judge: Conviction for conspiracy to commit non-residential burglary.

Parties' Submissions

• Appellant (Defendant): Argued there was insufficient evidence for his conviction, claiming no knowledge of the generator being stolen or of an agreement to steal it. He stated he was only assisting Mr. Milligan in moving his belongings from an apartment (paras 2-3).
• Appellee (State): Presented circumstantial evidence suggesting the Defendant's involvement in the burglary, including the presence of the stolen generator in his truck, the discovery of burglary tools, and the timing and circumstances of the generator's theft (paras 4-5).

Legal Issues

• Whether there was sufficient evidence to support the Defendant's conviction for conspiracy to commit non-residential burglary.

Disposition

• The Court of Appeals affirmed the district court’s judgment and sentence, rejecting the Defendant's claims of insufficient evidence (para 6).

Reasons

• Judges Timothy L. Garcia, M. Monica Zamora, and Henry M. Bohnhoff concurred in the opinion authored by Judge Garcia. The court found that despite the Defendant's claims, the State presented sufficient circumstantial evidence for a reasonable jury to infer the existence of a conspiracy to commit burglary. This included the activation of the tracking device on the stolen generator, the discovery of the generator in the Defendant's truck, and the presence of burglary tools and other city-owned property in the truck. The court held that the jury could reasonably infer from the evidence that the Defendant was present at the theft and acted as the "get-away" driver, and that he had agreed and worked in concert with Mr. Milligan to move the stolen property. The court rejected the Defendant's argument that the jury relied on improper inferences or speculation, concluding that the State met its burden of proof (paras 4-6).