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 arrested by a Tesuque Pueblo police officer, who was cross-commissioned as a Santa Fe County special deputy sheriff, for aggravated driving while under the influence (DWI) in the parking lot of Camel Rock Casino, within Tesuque Pueblo's territorial boundaries. The officer's salary was partially funded by a grant aimed at targeting the motoring public. The Defendant was charged in Santa Fe County Magistrate Court with his first offense of DWI (paras 1-2).

Procedural History

• Magistrate Court: Convicted of aggravated DWI, first offense.
• First Judicial District Court: Conviction upheld on appeal from the Magistrate Court (para 3).

Parties' Submissions

• Defendant: Argued that the tribal officer was not properly cross-commissioned and lacked authority under the Motor Vehicle Code to arrest him. Additionally, contended that the officer's pay, being partially grant-funded, constituted a financial incentive for arrests, which should invalidate the arrest under NMSA 1978, Section 66-8-137(B) (paras 3-4, 20).
• Plaintiff-Appellee (State of New Mexico): Maintained that the tribal officer was properly cross-commissioned and authorized to arrest the Defendant. Also argued that the grant funding did not constitute a financial incentive for the officer's arrests, thus not affecting the legality of the arrest.

Legal Issues

• Whether the tribal officer was properly cross-commissioned by the Santa Fe County Sheriff and had the authority to arrest the Defendant for DWI.
• Whether the tribal officer's compensation, being partially grant-funded, constituted a financial incentive for arrests, providing grounds for acquittal under NMSA 1978, Section 66-8-137(B) (paras 4, 20).

Disposition

• The Court of Appeals affirmed the Defendant's conviction for aggravated DWI, first offense (para 28).

Reasons

• JAMES J. WECHSLER, Judge (JONATHAN B. SUTIN, Judge, J. MILES HANISEE, Judge concurring):
  The Court found that the tribal officer was properly cross-commissioned as a special deputy for Santa Fe County, authorized to enforce criminal and traffic laws, including DWI, within Santa Fe County. The Court rejected the Defendant's argument that the officer needed to be paid by the State of New Mexico and wear a New Mexico State Police Department uniform to be properly cross-commissioned (paras 4-10).
  The Court also determined that the officer's receipt of pay from a grant and his obligation to make monthly statistical reports did not constitute a financial incentive for arrests under Section 66-8-137(B). The grant required the submission of data but did not link the officer's pay to the number of arrests or convictions. Therefore, the grant did not provide grounds for acquittal under the statute (paras 20-26).