A-1-CA-36712•October 28, 2019- State of New Mexico v. Richard Clemente, No. A-1-CA-36712
October 28, 2019- State of New Mexico v. Richard Clemente, No. A-1-CA-36712
A-1-CA-36712Nmctapp
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 1
STATE OF NEW MEXICO, 2
Plaintiff-Appellant, 3
v. No. A-1-CA-36712 4
RICHARD CLEMENTE, 5
Defendant-Appellee. 6
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 7
Brett R. Loveless, District Judge 8
Hector H. Balderas, Attorney General 9
Anita Carlson, Assistant Attorney General 10
Santa Fe, NM 11
for Appellant 12
Bennett J. Baur, Chief Public Defender 13
John Bennett, Assistant Appellate Defender 14
Santa Fe, NM 15
for Appellee 16
MEMORANDUM OPINION 17
VARGAS, Judge. 18
{1} The State appeals the district court’s order sanctioning the State for violating 19
its discovery obligations under Rule 5-409(F)(2) NMRA, as well as its order 20
releasing Defendant to the third-party custody of pretrial services without making a 21
determination of whether there were “no release conditions [that] will reasonably 22
Court of Appeals of New Mexico
Filed 10/28/2019 11:13 AM2
protect the safety of any other person or the community[,]” as required under Rule 1
5-409(G). We dismiss for lack of jurisdiction and timeliness. 2
BACKGROUND 3
{2} After filing a criminal complaint against Defendant Richard Clemente, the 4
State filed a motion for pretrial detention under Rule 5-409. Finding the State failed 5
to comply with its discovery obligations under the rule, the district court sanctioned 6
the State in the amount of $250. This appeal followed. 7
{3} Because this is a memorandum opinion and the parties are familiar with the 8
facts and procedural background, we reserve discussion of the pertinent facts within 9
the context of the State’s arguments. 10
DISCUSSION 11
{4} As a threshold matter, we must first resolve the question of whether we have 12
jurisdiction to hear the State’s appeal challenging the district court’s sanction and 13
release orders. The State does not argue we have jurisdiction to hear its appeal under 14
its right to appeal by statute or rule. See State v. Heinsen, 2005-NMSC-035, ¶ 7, 138 15
N.M. 441, 121 P.3d 1040 (“The [s]tate’s right to appeal an adverse ruling in a 16
criminal proceeding exists only by constitutional provision, statute, or rule.”). 17
Rather, the State argues it has a constitutional right to appeal the district court’s 18
orders. “In considering whether the State has a constitutional right to appeal, we look 19
at whether the district court’s disposition was contrary to law.” State v. Grossetete, 203
2008-NMCA-088, ¶ 5, 144 N.M. 346, 187 P.3d 692. “[A]s a practical matter, we 1
must decide the merits of the issues the [s]tate raises in order to determine if it has a 2
constitutional right to appeal.” State v. Horton, 2008-NMCA-061, ¶ 1, 144 N.M. 71, 3
183 P.3d 956. 4
{5} The State argues the district court’s sanction order was “contrary to law” 5
because: (1) the district court misinterpreted the scope of the State’s discovery 6
obligations under Rule 5-409(F)(2), and (2) although the district court sanctioned 7
the State under its inherent power to sanction, it provided insufficient notice for the 8
subsequent sanction and erred in imposing a monetary sanction without making 9
findings regarding bad faith, prejudice, or its consideration of less severe 10
alternatives. Further, the State argues the district court’s release order was “contrary 11
to law” because the district court failed to make a determination of whether there 12
were release conditions that would reasonably protect the safety of any other person 13
or the community. We address each argument in turn to determine whether the State 14
has a constitutional right to appeal. 15
Standard of Review 16
{6} “[District] courts possess broad discretionary authority to decide what 17
sanction to impose when a discovery order is violated.” State v. Le Mier, 2017- 18
NMSC-017, ¶ 22, 394 P.3d 959. “An abuse of discretion occurs when the ruling is 19
clearly against the logic and effect of the facts and circumstances of the case.” Id. 204
(internal quotation marks and citation omitted). Additionally, “we may characterize 1
as an abuse of discretion a discretionary decision that is premised on a 2
misapprehension of the law.” Harrison v. Bd. of Regents of Univ. of N.M., 2013- 3
NMCA-105, ¶ 14, 311 P.3d 1236 (internal quotation marks and citation omitted). 4
When the district court acts within its discretionary authority, its disposition is not 5
contrary to law. Grossetete, 2008-NMCA-088, ¶ 10. 6
The District Court Did Not Misinterpret the Scope of Rule 5-409(F)(2) 7
{7} The State first argues the district court’s sanction order was contrary to law 8
because it misinterpreted the scope of Rule 5-409(F)(2). We note that although the 9
State appears to limit its argument to an interpretation predicated on the 2019 version 10
of Rule 5-409(F)(2), the district court considered the State’s pretrial detention 11
motion well before the 2019 amendments came into effect. Compare Supreme Court 12
Order No. 17-8300-005 (2017) (adopting Rule 5-409 “effective for all cases pending 13
or filed on or after July 1, 2017”), with Supreme Court Order No. 18-8300-024 14
(2018) (amending Rule 5-409 “effective for all cases pending or filed on or after 15
February 1, 2019”). We therefore review the district court’s order under the 2017 16
version of Rule 5-409(F)(2). 17
{8} Rule 5-409(F)(2) (2017) provided that “[a]t least twenty-four (24) hours 18
before the hearing, the prosecutor shall provide the defendant with all evidence 19
relating to the motion for pretrial detention that is in the possession of the prosecutor 205
or is reasonably available to the prosecutor.” (Emphasis added.)1 Further, the rule 1
required the State to disclose “[a]ll exculpatory evidence known to the prosecutor[.]” 2
Id. 3
{9} When the State filed its pretrial detention motion, it noted Defendant’s prior 4
charges and provided, with the motion, criminal complaints for the prior and current 5
charges, a public safety assessment of Defendant, and a booking sheet from the 6
Bernalillo County Detention Center. After the State filed its pretrial detention 7
motion, the district court entered a discovery order directing the State to disclose “all 8
evidence relating to the [m]otion for [p]retrial [d]etention that is in the possession of 9
the prosecution or is reasonably available to the prosecution, including that evidence 10
in the possession of law enforcement that is reasonably available to the prosecution.” 11
The district court further ordered that “[a]ll exculpatory evidence known to the 12
prosecutor must be disclosed[,]” that these disclosures “must be provided at least 13
twenty-four (24) hours before the [pretrial detention] hearing[,]” and that “[t]he 14
failure to comply with this [o]rder may result in sanctions.” 15
{10} During the hearing on the State’s pretrial detention motion, defense counsel 16
noted that the State had not yet provided police reports, photographs, or videos. The 17
State explained that it had provided the evidence it intended to use at the hearing, 18
1 The current version limits the State’s disclosure obligations to “all evidence
that the prosecutor intends to rely on at the hearing” at least twenty-four hours prior
to the hearing. Rule 5-409(F)(2) (emphasis added).6
and that it had requested—but not yet received—additional discovery. The district 1
court continued the hearing to August 10, 2017, and reiterated the State’s obligation 2
to turn over discovery. On August 10, shortly before the hearing itself, the State 3
provided defense counsel with police reports and lapel videos. Because the State was 4
untimely in its provision of the additional discovery under Rule 5-409(F)(2) (2017), 5
the district court ruled that the State did not provide discovery “in a timely fashion” 6
and that the district court could not proceed on the State’s pretrial detention motion. 7
See Rule 5-409(F)(2)(b) (requiring the State to provide discovery “[a]t least twenty- 8
four (24) hours before the hearing”). Accordingly, the district court sanctioned the 9
State, continued the hearing, and ordered Defendant’s release to pretrial services. In 10
its oral ruling releasing Defendant to third-party custody, the district court explained 11
that it was “going to give [Defendant] an opportunity as if [the district court] were 12
to have denied the [State’s] motion.” The district court later granted the district 13
court’s pretrial detention motion. 14
{11} We cannot conclude that the district court’s sanction order was an abuse of its 15
discretion under the circumstances. Although the State indicated it intended to rely 16
solely upon the criminal complaints at the hearing, the district court’s discovery 17
order required the timely provision of all evidence related to the State’s pretrial 18
detention motion. See Rule 5-409(F)(2) (2017) (requiring the State to provide “all 19
evidence relating to the motion for pretrial detention that is in the possession of the 207
prosecutor or is reasonably available to the prosecutor” at least twenty-four hours 1
before the hearing (emphasis added)). Accordingly, we conclude the district court’s 2
sanction order was not contrary to law. See Grossetete, 2008-NMCA-088, ¶ 10 3
(explaining that a disposition is not contrary to law when “the district court acted 4
within its discretionary authority”). 5
The District Court Did Not Err in Imposing a Monetary Sanction 6
{12} Having concluded the district court’s interpretation of the State’s discovery 7
obligations under Rule 5-409(F)(2) (2017) was not contrary to law, we now turn to 8
whether the district court’s monetary sanction was contrary to law. As the State 9
notes, Rule 5-409 does not provide for sanctions for violations of its discovery 10
requirements. Nevertheless, the district court retains inherent authority to sanction 11
parties, including public entities, “to ensure compliance with the proceedings of the 12
court.” Harrison, 2013-NMCA-105, ¶¶ 15, 26; see In re Jade G., 2001-NMCA-058, 13
¶ 27, 130 N.M. 687, 30 P.3d 376 (explaining that “even though specific judicial 14
authority is not delineated by statute, or stated in a rule of court, a court may exercise 15
authority that is essential to the court’s fulfilling its judicial functions[,]” and that 16
“[t]his authority embraces the ability of a court to control its docket and the 17
proceedings before it”). 18
{13} The State first argues the district court’s discovery order provided insufficient 19
notice that sanctions would be imposed based on its interpretation of the scope of 208
Rule 5-409(F)(2) (2017). However, the State relies on Rule 5-112 NMRA, which 1
provides procedural requirements before imposing sanctions for criminal contempt 2
of court. As the State neither argues the district court’s sanction rose to the level of 3
a punishment for criminal contempt of court, nor cites authority supporting its 4
argument that Rule 5-112’s procedural requirements apply outside the context of 5
criminal contempt sanctions, we decline to review this argument further. See State 6
v. Guerra, 2012-NMSC-014, ¶ 21, 278 P.3d 1031 (explaining that appellate courts 7
do not review unclear or undeveloped arguments, and that where a party cites to no 8
supporting authority, we assume none exists). 9
{14} Next, the State argues the district court was obligated, but failed, to consider 10
whether the State’s failure to comply with the discovery order was willful or in bad 11
faith, whether it was prejudicial, and whether there were less severe sanctions. Our 12
Supreme Court has recognized that district courts have the inherent authority “to 13
avail themselves of, and impose, meaningful sanctions where discovery orders are 14
not obeyed and a party’s conduct injects needless delay into the proceedings.” Le 15
Mier, 2017-NMSC-017, ¶ 16 (citing State ex rel. N.M. State Highway & Transp. 16
Dep’t v. Baca, 1995-NMSC-033, ¶ 11, 120 N.M. 1, 896 P.2d 1148). When a district 17
court imposes sanctions for discovery violations, it must evaluate culpability, 18
prejudice, and lesser sanctions and must explain its decision. Le Mier, 2017-NMSC- 199
017, ¶ 20. However, the Le Mier Court clarified that to justify a district court’s 1
sanction, these considerations need not all weigh in favor of the sanction. Id. 2
{15} Here, the district court appropriately weighed the State’s culpability, finding 3
that the State “did not provide or attempt to provide the information in a timely 4
fashion.” See id. ¶ 24 (concluding that the State’s repeated failure to comply with 5
the district court’s discovery orders was “sufficiently culpable conduct,” and that “a 6
single violation of a discovery order may suffice to support a finding of culpability”). 7
The district court also considered whether the State’s conduct gave rise to prejudice, 8
explaining that “[t]he untimely disclosure . . . resulted in prejudice to Defendant to 9
adequately prepare for the pretrial detention hearing.” See id. ¶ 25 (concluding that 10
the defendant was prejudiced after the State’s failure to comply with the district 11
court’s discovery order caused the court to reset trial, thereby “needlessly delaying 12
[the defendant’s] proverbial ‘day in court’ ”). Finally, the district court evaluated 13
whether the sanction imposed was the least severe sanction. The district court is not 14
“obligated to consider every conceivable lesser sanction[,]” but must instead 15
“fashion the least severe sanction that best fit the situation and which accomplished 16
the desired result.” Id. ¶ 27. The district court met its obligation when it reset the 17
hearing “to enable the State an opportunity to prove that no conditions will 18
reasonably protect the community and Defendant an opportunity to argue against 19
pretrial detention.” See id. ¶ 28 (approving of the district court’s sanction when it 2010
granted the State’s continuance request, thus providing “ample opportunity to 1
comply with reasonable and clear orders”). Furthermore, the district court’s 2
imposition of a monetary sanction against the State was a lesser sanction than the 3
dismissal sought by Defendant. See id. ¶ 29 (holding that a sanction is the least 4
severe sanction in the light of the circumstances when “the district court responded 5
to a specific violation at issue with a sanction tailored to fit that violation”). We 6
therefore conclude the district court did not abuse its discretion in imposing the 7
monetary sanction against the State. 8
{16} The State cites Baca, 1995-NMSC-033, ¶ 12 for the proposition that the 9
district court was required to find the State willfully violated its discovery obligation 10
and/or did so in bad faith. However, the State’s reliance is misplaced, as Baca 11
required such findings when awarding attorney fees as a sanction. See id. (holding 12
that a court may “award attorney[] fees as a sanction for bad faith or vexatious 13
litigation or for defiance of a court order”). As the State has failed to cite authority 14
requiring such findings outside the context of awarding attorney fees as a sanction, 15
we assume no such authority exists, and we decline to review this argument further. 16
See Fernandez v. Farmers Ins. Co. of Ariz., 1993-NMSC-035, ¶ 15, 115 N.M. 622, 17
857 P.2d 22 (“The general rule is that cases are not authority for propositions not 18
considered.” (internal quotation marks omitted)); In re Adoption of Doe, 1984- 19
NMSC-024, ¶ 2, 100 N.M. 764, 676 P.2d 1329 (“We assume where arguments in 2011
briefs are unsupported by cited authority, counsel after diligent search, was unable 1
to find any supporting authority. We therefore will not do this research for counsel. 2
Issues raised in appellate briefs which are unsupported by cited authority will not be 3
reviewed by us on appeal.” (citation omitted)). Accordingly, we conclude the district 4
court’s order was not a disposition contrary to law. 5
The State’s Appeal of the District Court’s Release Order Was Untimely 6
{17} The State further argues the district court’s order releasing Defendant to the 7
third-party custody of pretrial services was contrary to law, giving rise to its 8
constitutional right to appeal. Notwithstanding any purported error in the district 9
court’s disposition, we note that “[t]he timely filing of [any] appeal is a mandatory 10
precondition to this Court’s jurisdiction.” State v. Lope, 2015-NMCA-011, ¶ 8, 343 11
P.3d 186. The State has made no argument, nor provided any authority, from which 12
we can conclude the State’s appeal from the district court’s order releasing 13
Defendant to third-party custody is not governed by the procedural requirements set 14
forth in our Rules of Appellate Procedure. See Rule 12-204(A), (C)(1) NMRA 15
(providing that [t]his rule governs appeals under Rule 5-405 NMRA from orders 16
regarding release or detention[,]” and that “[a]n appeal under this rule shall be 17
initiated by filing a motion with the clerk of the appropriate appellate court within 18
ten (10) days after the decision of the district court is filed” (emphases added)); Rule 19
5-405(A)(3)(b) (providing that “[a] party may appeal an order regarding release or 2012
detention” and that “the state may appeal if the district court has denied the 1
prosecutor’s motion for pretrial detention”); see also State v. Upchurch, 2006- 2
NMCA-076, ¶ 3, 139 N.M. 739, 137 P.3d 679 (“Although the [s]tate is an ‘aggrieved 3
party’ from the district court order . . . within the meaning of the New Mexico 4
Constitution, an aggrieved party with the right to appeal must exercise that right 5
within the confines of the Rules of Appellate Procedure”). Indeed, the district court 6
indicated that it was treating its order releasing Defendant to third-party custody “as 7
if [it] were to have denied the [State’s pretrial detention] motion.” The State did not 8
seek appellate review of the district court’s order in a timely fashion. Instead, it filed 9
a notice of appeal almost thirty days after the district court’s order and has otherwise 10
failed to demonstrate exceptional circumstances. We therefore decline to review its 11
appeal of the district court’s order releasing Defendant to third-party custody. See 12
Upchurch, 2006-NMCA-076, ¶¶ 4-6 (declining to extend the presumption of 13
ineffective assistance of counsel to the state, concluding that “in the absence of 14
exceptional circumstances, we rigidly enforce the mandatory time limits for filing 15
the notice of appeal[,]” and dismissing the state’s untimely appeal). 16
CONCLUSION 17
{18} Because the district court’s sanction order was not a disposition contrary to 18
law, and the State’s appeal of the district court’s release order was untimely, we 19
dismiss the State’s appeal for lack of jurisdiction and timeliness. See Grossetete, 2013
2008-NMCA-088, ¶ 15 (dismissing the state’s appeal because the district court’s 1
order was not contrary to law and thus the State did not have a constitutional right 2
to appeal); Upchurch, 2006-NMCA-076, ¶ 1 (dismissing the state’s untimely 3
appeal). 4
{19} IT IS SO ORDERED. 5
____________________________ 6
JULIE J. VARGAS, Judge 7
WE CONCUR: 8
_______________________________ 9
M. MONICA ZAMORA, Judge 10
________________________________ 11
JACQUELINE R. MEDINA, Judge 12Wondering how this text applies to your situation?
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