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

• Officers were dispatched to the Defendant's home due to a domestic dispute. Upon their arrival and interaction, a situation escalated where one officer drew a taser on the Defendant's son, Corey. Believing the taser to be a gun and aiming to protect her son, the Defendant intervened and was subsequently tased. This incident led to her convictions for battery upon a peace officer and resisting or abusing a peace officer (paras 2-3).

Procedural History

• District Court of Curry County: Defendant was found guilty of battery upon a peace officer and resisting or abusing an officer (para 3).

Parties' Submissions

• Plaintiff-Appellee (State of New Mexico): Argued that the law does not allow for defending another against excessive force by a police officer, implying the Defendant's actions did not warrant a defense of another instruction (para 4).
• Defendant-Appellant (Sarita Jones): Contended she was entitled to a defense of another instruction, paralleling the right to self-defense against a police officer using excessive force (para 5).

Legal Issues

• Whether the district court erred in denying Defendant’s request for a defense of another jury instruction in the context of alleged excessive police force (para 4).
• Whether Defendant’s convictions for battery upon a peace officer and resisting or abusing a peace officer violate the double jeopardy guarantee against multiple punishments for the same conduct (para 13).

Disposition

• The Court of Appeals reversed the Defendant's convictions and remanded the case for a new trial, holding that defense of another against use of excessive force by a police officer is a viable defense (para 1).
• Addressed the double jeopardy challenge, indicating that if the State relies on unitary conduct for both convictions, it would violate double jeopardy (para 13).

Reasons

• B. ZAMORA, Judge (with JENNIFER L. ATTREP, Judge and MEGAN P. DUFFY, Judge concurring):
  Established for the first time in New Mexico that defense of another against excessive force by a police officer is a viable defense, applying the standard from State v. Ellis regarding self-defense claims against police officers (para 1).
  Analyzed the Ellis standard in the Defendant's case, concluding that reasonable minds could differ as to whether the officers used excessive force against Corey, thus warranting a defense of another instruction (paras 8-12).
  Addressed the double jeopardy issue, agreeing with the State's concession of error and noting that convictions based on unitary conduct for battery upon a peace officer and resisting or abusing a peace officer would violate double jeopardy, with the remedy being the vacation of the lesser offense (para 13).