A-1-CA-36857•October 28, 2019- State of New Mexico v. Richard Rodriguez, No. A-1-CA-36857
October 28, 2019- State of New Mexico v. Richard Rodriguez, No. A-1-CA-36857
A-1-CA-36857Nmctapp
Full text
Corrections to this opinion/decision not affecting the outcome, at the Court's discretion, can occur up to the time of publication
with NM Compilation Commission. The Court will ensure that the electronic version of this opinion is updated accordingly in
Odyssey.
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-36857 4
RICHARD RODRIGUEZ, 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 Carson, Assistant Attorney General 10
Santa Fe, NM 11
for Appellant 12
Bennett J. Baur, Chief Public Defender 13
C. David Henderson, 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. We dismiss for lack of 20
jurisdiction. 21
Court of Appeals of New Mexico
Filed 10/28/2019 11:32 AM2
BACKGROUND 1
{2} After filing a criminal complaint against Defendant Richard Rodriguez, the 2
State filed a motion for pretrial detention under Rule 5-409. Finding the State failed 3
to comply with its discovery obligations under the rule, the district court sanctioned 4
the State in the amount of $250 pursuant to its “inherent power” to sanction. This 5
appeal followed. 6
{3} Because this is a memorandum opinion and the parties are familiar with the 7
facts and procedural background, we reserve discussion of the pertinent facts within 8
the context of the State’s arguments. 9
DISCUSSION 10
{4} As a threshold matter, we must first resolve the question of whether we have 11
jurisdiction to hear the State’s appeal challenging the district court’s sanction. The 12
State does not argue we have jurisdiction to hear its appeal under its right to appeal 13
by statute or rule. See State v. Heinsen, 2005-NMSC-035, ¶ 7, 138 N.M. 441, 121 14
P.3d 1040 (“The State’s right to appeal an adverse ruling in a criminal proceeding 15
exists only by constitutional provision, statute, or rule.”). Rather, the State argues it 16
has a constitutional right to appeal the district court’s sanction order. “In considering 17
whether the [s]tate has a constitutional right to appeal, we look at whether the district 18
court’s disposition was contrary to law.” State v. Grossetete, 2008-NMCA-088, ¶ 5, 19
144 N.M. 346, 187 P.3d 692. “[A]s a practical matter, we must decide the merits of 203
the issues the [s]tate raises in order to determine if it has a constitutional right to 1
appeal.” State v. Horton, 2008-NMCA-061, ¶ 1, 144 N.M. 71, 183 P.3d 956. 2
{5} The State argues the district court’s sanction order was “contrary to law” 3
because: (1) the district court misinterpreted the scope of the State’s discovery 4
obligations under Rule 5-409(F)(2), and (2) although the district court sanctioned 5
the State under its inherent power to sanction, it provided insufficient notice for the 6
subsequent sanction and erred in imposing a monetary sanction without making 7
findings regarding bad faith, prejudice, or its consideration of less severe 8
alternatives. We address both arguments in turn to determine whether the State has 9
a constitutional right to appeal. 10
Standard of Review 11
{6} “[District] courts possess broad discretionary authority to decide what 12
sanction to impose when a discovery order is violated.” State v. Le Mier, 2017- 13
NMSC-017, ¶ 22, 394 P.3d 959. “An abuse of discretion occurs when the ruling is 14
clearly against the logic and effect of the facts and circumstances of the case.” Id. 15
(internal quotation marks and citation omitted). Additionally, “we may characterize 16
as an abuse of discretion a discretionary decision that is premised on a 17
misapprehension of the law.” Harrison v. Bd. of Regents of Univ. of N.M., 2013- 18
NMCA-105, ¶ 14, 311 P.3d 1236 (internal quotation marks and citation omitted). 194
When the district court acts within its discretionary authority, its disposition is not 1
contrary to law. Grossetete, 2008-NMCA-088, ¶ 10. 2
The District Court Did Not Misinterpret the Scope of Rule 5-409(F)(2) 3
{7} The State first argues the district court’s sanction order was contrary to law 4
because it misinterpreted the scope of Rule 5-409(F)(2). We note that although the 5
State appears, at times, to limit its argument to an interpretation predicated on the 6
2019 version of Rule 5-409(F)(2), the district court considered the State’s pretrial 7
detention motion in September and October 2017, during which time the 2017 8
version of Rule 5-409(F)(2) was in effect. Compare Supreme Court Order No. 17- 9
8300-005 (2017) (adopting Rule 5-409 “effective for all cases pending or filed on or 10
after July 1, 2017”), with Supreme Court Order No. 18-8300-024 (2018) (amending 11
Rule 5-409 “effective for all cases pending or filed on or after February 1, 2019”). 12
We therefore review the district court’s order under the 2017 version of Rule 5- 13
409(F)(2). 14
{8} Rule 5-409(F)(2) (2017) provided that “[a]t least twenty-four (24) hours 15
before the hearing, the prosecutor shall provide the defendant with all evidence 16
relating to the motion for pretrial detention that is in the possession of the prosecutor 17
or is reasonably available to the prosecutor.” (Emphasis added.)1 Further, the rule 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).5
required the State to disclose “[a]ll exculpatory evidence known to the prosecutor[.]” 1
Id. Defendant did not argue, and the district court did not find, that the State failed 2
to disclose any exculpatory evidence known to the prosecutor. We therefore limit 3
our discussion of the district court’s order insofar as it required the State to disclose 4
“all evidence relating to the motion for pretrial detention.” 5
{9} When the State filed its pretrial detention motion, it noted Defendant’s prior 6
convictions and provided, with the motion, a warrant and criminal complaint for the 7
current charges, a public safety assessment of Defendant, and a booking sheet from 8
the Bernalillo County Detention Center showing his current charges and a parole 9
violation. After the State filed its pretrial detention motion, the district court entered 10
a discovery order directing the State to disclose “all evidence relating to the [m]otion 11
for [p]retrial [d]etention that is in the possession or is reasonably available to the 12
prosecution, including that evidence in the possession of law enforcement that is 13
reasonably available to the prosecution.” The district court further ordered that “[a]ll 14
exculpatory evidence known to the prosecutor must be disclosed[,]” that these 15
disclosures “must be provided at least twenty-four (24) hours before the [pretrial 16
detention] hearing[,]” and that “[t]he failure to comply with this [o]rder may result 17
in sanctions.” 18
{10} During the original hearing on the State’s pretrial detention motion, the State 19
acknowledged it had not yet provided additional discovery, explaining that there was 206
a miscommunication between prosecutors regarding the date of the hearing. The 1
district court continued the hearing, sanctioned the State for failing to comply with 2
its discovery obligations, and reiterated the State’s obligation to turn over discovery. 3
Following the original hearing, the State provided Defendant with witness 4
statements, police reports, and a criminal history report. In a report by a responding 5
officer, he noted that his “taser camera video was submitted and uploaded to 6
evidence.com.” 7
{11} At the subsequent hearing on the State’s pretrial detention motion, Defendant 8
objected to the adequacy of the State’s disclosures, arguing that because the State 9
failed to provide lapel camera footage or a 911 call, the district court should deny 10
the State’s pretrial detention motion. Notwithstanding its finding that the State’s 11
failure to provide these pieces of evidence constituted a continuing violation of the 12
State’s discovery obligation, the district court denied Defendant’s request. 13
{12} Under the circumstances of this case, we cannot conclude that the district 14
court’s sanction order was an abuse of its discretion. The State failed to provide 15
“evidence relating to [its] motion for pretrial detention” that was either in its 16
possession or was reasonably available to the State when it did not turn over the 17
witness statements, police reports or criminal history reports. Accordingly, we 18
conclude the district court’s sanction order was not contrary to law. See Grossetete, 197
2008-NMCA-088, ¶ 10 (explaining that a disposition is not contrary to law when 1
“the district court acted within its discretionary authority”). 2
The District Court Did Not Err in Imposing a Monetary Sanction 3
{13} Having concluded the district court’s interpretation of the State’s discovery 4
obligations under Rule 5-409(F)(2) (2017) was not contrary to law, we now turn to 5
whether the district court’s monetary sanction was contrary to law. As the State 6
notes, Rule 5-409 does not provide for sanctions for violations of its discovery 7
requirements. Nevertheless, the district court retains inherent authority to sanction 8
parties, including public entities, “to ensure compliance with the proceedings of the 9
court.” Harrison, 2013-NMCA-105, ¶¶ 15, 26; see In re Jade G., 2001-NMCA-058, 10
¶ 27, 130 N.M. 687, 30 P.3d 376 (explaining that “even though specific judicial 11
authority is not delineated by statute, or stated in a rule of court, a court may exercise 12
authority that is essential to the court’s fulfilling its judicial functions[,]” and that 13
“[t]his authority embraces the ability of a court to control its docket and the 14
proceedings before it”). 15
{14} The State first argues the district court’s discovery order provided insufficient 16
notice that sanctions would be imposed based on its interpretation of the scope of 17
Rule 5-409(F)(2) (2017). However, the State relies on Rule 5-112 NMRA, which 18
provides procedural requirements before imposing sanctions for criminal contempt 19
of court. As the State neither argues the district court’s sanction rose to the level of 208
a punishment for criminal contempt of court, nor cites authority supporting its 1
argument that Rule 5-112’s procedural requirements apply outside the context of 2
criminal contempt sanctions, we decline to review this argument further. See State 3
v. Guerra, 2012-NMSC-014, ¶ 21, 278 P.3d 1031 (explaining that appellate courts 4
do not review unclear or undeveloped arguments, and that where a party cites to no 5
supporting authority, we assume none exists). 6
{15} Next, the State argues the district court was obligated, but failed, to consider 7
whether the State’s failure to comply with the discovery order was willful or in bad 8
faith, whether it was prejudicial, and whether there were less severe sanctions. Our 9
Supreme Court has recognized that district courts have the inherent authority “to 10
avail themselves of, and impose, meaningful sanctions where discovery orders are 11
not obeyed and a party’s conduct injects needless delay into the proceedings.” Le 12
Mier, 2017-NMSC-017, ¶ 16 (citing State ex rel. N.M. State Highway & Transp. 13
Dep’t v. Baca, 1995-NMSC-033, ¶ 11, 120 N.M. 1, 896 P.2d 1148). When a district 14
court imposes sanctions for discovery violations, it must evaluate culpability, 15
prejudice, and lesser sanctions and must explain its decision. Le Mier, 2017-NMSC- 16
017, ¶ 20. However, the Le Mier Court clarified that to justify a district court’s 17
sanction, these considerations need not all weigh in favor of the sanction. Id. 18
{16} Here, the district court appropriately weighed the State’s culpability, finding 19
that the State “did not provide or attempt to provide the information in a timely 209 fashion.” See id. ¶ 24 (concluding that the State’s repeated failure to comply with 1 the district court’s discovery orders was “sufficiently culpable conduct[,]” and that 2 “a single violation of a discovery order may suffice to support a finding of 3 culpability”). The district court also considered whether the State’s conduct gave 4 rise to prejudice, explaining that “[t]he untimely disclosure . . . resulted in prejudice 5 to Defendant to adequately prepare for the pretrial detention hearing.” See id. ¶ 25 6 (concluding that the defendant was prejudiced after the state’s failure to comply with 7 the district court’s discovery order caused the court to reset trial, thereby “needlessly 8 delaying [the defendant’s] proverbial ‘day in court’ ”). Finally, the district court 9 evaluated whether the sanction imposed was the least severe sanction. The district 10 court is not “obligated to consider every conceivable lesser sanction[,]” but must 11 instead “fashion the least severe sanction that best fit the situation and which 12 accomplished the desired result.” Id. ¶ 27. The district court met its obligation when 13 it reset the hearing “to enable the State an opportunity to prove that no conditions 14 will reasonably protect the community and Defendant an opportunity to argue 15 against pretrial detention.” See id. ¶ 28 (approving of the district court’s sanction 16 when it granted the state’s continuance request, thus providing “ample opportunity 17 to comply with reasonable and clear orders”) Furthermore, the district court’s 18 imposition of a monetary sanction against the State was a lesser sanction than the 19 dismissal sought by Defendant. See id. ¶ 29 (holding that a sanction is the least 20
10
severe sanction in the light of the circumstances when “the district court responded 1
to [a] specific violation at issue with a sanction tailored to fit that violation”). We 2
therefore conclude the district court did not abuse its discretion in imposing the 3
monetary sanction against the State. 4
{17} The State cites Baca, 1995-NMSC-033, ¶ 12 for the proposition that the 5
district court was required to find the State willfully violated its discovery obligation 6
and/or did so in bad faith. However, the State’s reliance is misplaced, as Baca 7
required such findings when awarding attorney fees as a sanction. See id. (holding 8
that a court may “award attorney[] fees as a sanction for bad faith or vexatious 9
litigation or for defiance of a court order”). As the State has failed to cite authority 10
requiring such findings outside the context of awarding attorney fees as a sanction, 11
we assume no such authority exists, and we decline to review this argument further. 12
See Fernandez v. Farmers Ins. Co. of Ariz., 1993-NMSC-035, ¶ 15, 115 N.M. 622, 13
857 P.2d 22 (“The general rule is that cases are not authority for propositions not 14
considered.” (internal quotation marks omitted)); In re Adoption of Doe, 1984- 15
NMSC-024, ¶ 2, 100 N.M. 764, 676 P.2d 1329 (“We assume where arguments in 16
briefs are unsupported by cited authority, counsel after diligent search, was unable 17
to find any supporting authority. We therefore will not do this research for counsel. 18
Issues raised in appellate briefs which are unsupported by cited authority will not be 19
reviewed by us on appeal.” (citation omitted)). Accordingly, we conclude the district 2011
court’s order was not a disposition contrary to law, and therefore the State does not 1
have a constitutional right to appeal. 2
CONCLUSION 3
{18} Because the district court’s sanction order was not a disposition contrary to 4
law, we dismiss the State’s appeal for lack of jurisdiction. See Grossetete, 2008- 5
NMCA-088, ¶ 15 (dismissing the state’s appeal because the district court’s order 6
was not contrary to law and thus the State did not have a constitutional right to 7
appeal). 8
{19} IT IS SO ORDERED. 9
______________________________ 10
JULIE J. VARGAS, Judge 11
WE CONCUR: 12
_______________________________ 13
M. MONICA ZAMORA, Judge 14
________________________________ 15
JACQUELINE R. MEDINA, Judge 16Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.