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, Jason Christopher Martinez, was convicted of burglary, larceny, and criminal damage to property. The appeal challenges the judgment and sentence based on claims of judicial bias, ineffective assistance of counsel, and other procedural and evidentiary issues.

Procedural History

• Appeal from the District Court of Eddy County, Lisa B. Riley, District Judge, June 29, 2015.

Parties' Submissions

• Appellant (Defendant): Argued that trial counsel's late arrival prejudiced the defense, particularly because counsel missed discussions between the judge and a jury panel, which included individuals personally known to the judge. Contended this amounted to judicial bias and ineffective assistance of counsel. Additionally, challenged the admission of pictures of the Defendant in similar clothing to that seen in surveillance footage, the valuation of stolen goods, the application of habitual offender findings based on Texas convictions, and the decision to run sentences consecutively.
• Appellee (State): [Not applicable or not found]

Legal Issues

• Whether the Defendant was denied effective assistance of counsel due to his attorney's late arrival and failure to object to certain proceedings.
• Whether the admission of pictures of the Defendant, posed in similar clothing to that of the person in the surveillance video, violated his constitutional rights.
• Whether the trial court erred in its admission of the value of the stolen goods, application of habitual offender findings based on out-of-state convictions, and in running the Defendant's sentences consecutively.

Disposition

• The Court of Appeals affirmed the judgment and sentence of the District Court.

Reasons

• Per Michael D. Bustamante, J. (Jonathan B. Sutin, J., and J. Miles Hanisee, J., concurring):
  The Court was not persuaded by the Defendant's arguments regarding judicial bias, as the claim was not preserved at trial and the record did not support such a contention (para 4).
  On the issue of ineffective assistance of counsel, the Court found the record insufficient to address the claim on direct appeal, suggesting that such claims be pursued in post-conviction habeas corpus proceedings (paras 5-7).
  The Court denied the Defendant's motion to amend the docketing statement regarding the admission of photos, as the Defendant did not demonstrate that the issue was raised below or made part of the record (para 6).
  The Court concluded that the Defendant did not meet his burden of demonstrating ineffective assistance of counsel regarding the objection to the photos, as they were deemed relevant and there was no specific error in fact or law pointed out by the Defendant (para 7).
  The Court affirmed the trial court's decisions on the remaining issues, including the admission of the value of the stolen goods, the application of habitual offender findings based on Texas convictions, and the decision to run sentences consecutively, as the Defendant did not point out any error in the law relied upon in the notice of proposed disposition (para 8).