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 found guilty of battery against a household member. The conviction was based, in part, on photographs taken by the alleged victim and the differing accounts of the event given by the Defendant and the victim.
Procedural History
- Appeal from the District Court of Bernalillo County: Affirmed the metropolitan court's judgment and sentence against the Defendant for battery against a household member.
Parties' Submissions
- Appellant (Defendant): Argued that the photographs taken by the alleged victim should not have been admitted and that there was insufficient evidence to support the conviction because of conflicting testimonies regarding the event.
- Appellee (State): [Not applicable or not found]
Legal Issues
- Whether the trial court abused its discretion by admitting photographs taken by the alleged victim.
- Whether there was sufficient evidence to support the conviction for battery against a household member.
Disposition
- The appellate court affirmed the district court's on-record review and affirmance of the metropolitan court's judgment and sentence, finding the Defendant guilty of battery against a household member.
Reasons
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Per M. Monica Zamora, J. (James J. Wechsler, J., and J. Miles Hanisee, J., concurring):The appellate court noted that the Defendant did not respond to the proposed disposition of the issue regarding the admission of photographs, thus deeming it abandoned (para 2).Regarding the sufficiency of the evidence, the appellate court agreed with the district court's analysis, adopting it for the purposes of the appeal. The Defendant's memorandum in opposition did not point out any specific errors in fact or law in the calendar notice or in the district court’s opinion. The appellate court highlighted that the jury was free to reject the Defendant's version of events, emphasizing the role of the fact-finder in resolving conflicts in evidence, including testimony (paras 3-4).
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