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 aggravated driving while intoxicated, improper display of registration plate, and operation of vehicle on approach of an emergency vehicle. The convictions stemmed from an investigatory stop conducted by Officer Santillan due to a "dim/faulty" tail lamp and an expired registration on the Defendant's vehicle (para 2-3).
Procedural History
- District Court of Chaves County: Convicted the Defendant for aggravated driving while intoxicated, improper display of registration plate, and operation of vehicle on approach of an emergency vehicle.
Parties' Submissions
- Defendant-Appellant: Argued that the motion to suppress was improperly denied by the district court as the officer did not have reasonable suspicion to conduct an investigatory stop based on a "dim/faulty" tail lamp. Contended that there was no reasonable suspicion for the stop and that the officer's testimony was inconsistent regarding the reason for the stop. Additionally, claimed that trial counsel was ineffective for failing to request a jury instruction to disregard inadmissible evidence (paras 2-3, 5).
- Plaintiff-Appellee: [Not applicable or not found]
Legal Issues
- Whether the district court improperly denied the Defendant's motion to suppress based on the lack of reasonable suspicion for an investigatory stop.
- Whether the Defendant's trial counsel was ineffective for not requesting a jury instruction to disregard inadmissible evidence.
Disposition
- The Court of Appeals affirmed the convictions of the Defendant for aggravated driving while intoxicated, improper display of registration plate, and operation of vehicle on approach of an emergency vehicle (para 6).
Reasons
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Per BOGARDUS, J. (ATTREP, J., and IVES, J., concurring): The Court found the Defendant's motion to amend the docketing statement unviable as there was reasonable suspicion for the investigatory stop based on the officer's testimony regarding the expired registration and a dim/faulty tail light. The Court held that the inconsistency in the officer's testimony regarding the reason for the stop did not amount to a recantation and did not affect the legality of the stop. Regarding the ineffective assistance of counsel claim, the Court deferred to the trial strategy of not drawing attention to inadmissible evidence, finding that the Defendant failed to overcome the presumption that her trial counsel's actions were sound trial strategy (paras 2-5).
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