This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- On an evening in Raton, New Mexico, Defendant Michael Arguello, while driving his white truck, turned a corner at an intersection and was involved in an incident with Christopher Montoya, who was riding his bicycle. Montoya claimed the truck struck him, leading to a 911 call and police response. Officer John Rodarte, who responded to the scene, observed signs of intoxication in Arguello, including bloodshot eyes and the smell of alcohol. Field sobriety tests were administered, indicating potential intoxication. Arguello was convicted of driving under the influence (DUI) and careless driving based on this incident (paras 2-3).
Procedural History
- Appeal from the District Court of Colfax County: Defendant Michael Arguello was convicted of DUI and careless driving.
Parties' Submissions
- Defendant-Appellant: Argued that evidentiary errors occurred at trial, convictions were not supported by sufficient evidence, and the convictions for careless driving and DUI violated double jeopardy principles (para 1).
- Plaintiff-Appellee: Contended that any evidentiary errors were harmless, the evidence sufficiently supported the convictions, and there was no violation of double jeopardy principles (paras 4-6, 15, 24-31).
Legal Issues
- Whether various evidentiary errors occurred at trial and if these errors amount to cumulative error.
- Whether the convictions for DUI and careless driving are supported by sufficient evidence.
- Whether the convictions for careless driving and DUI violate double jeopardy principles.
Disposition
- The Court reversed the conviction for careless driving and remanded to the district court to vacate the same, affirming the DUI conviction.
Reasons
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ATTREP, Chief Judge: Concluded that the conduct underlying both the careless driving and DUI convictions was unitary, relying on the same evidence for both charges, thus violating double jeopardy principles. The court found any evidentiary errors regarding the admission of out-of-court statements and exclusion of impeachment testimony to be either harmless or unpreserved. The court affirmed the DUI conviction based on sufficient evidence of impairment and careless driving, but reversed the careless driving conviction due to double jeopardy concerns, as the district court relied on the same conduct to convict for both offenses (paras 4-31).
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