A-1-CA-38127•July 7, 2020- State of New Mexico v. Rogerio Vallejos, No. A-1-CA-38127
July 7, 2020- State of New Mexico v. Rogerio Vallejos, No. A-1-CA-38127
A-1-CA-38127Nmctapp
Full text
OCR transcription for search; preserved printed pages are authoritative
— 11 12 13 14 15 16 17 18 19 20 21 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 opmion/decision is updated accordingly in Odyssey. IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO Court of Appeals of New Mexico Filed 7/7/2020 11:17 AM STATE OF NEW MEXICO, f Plaintiff-Appellee, Oe on ae Mark Reynolds Vv. No. A-1-CA-38127 ROGERIO VALLEJOS, Defendant-Appellant. APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Karen L. Townsend, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender William O’Connell, Assistant Appellate Defender Santa Fe, NM for Appellant MEMORANDUM OPINION VARGAS, Judge. 43} Defendant Rogerio Vallejos appeals from his conviction for battery on a peace officer. This Court issued a calendar notice proposing to affirm Defendant’s conviction. Defendant has filed a memorandum in opposition with this Court, which we have duly considered. Unpersuaded, we affirm. 10 il 12 13 14 15 16 17 18 19 23 On appeal, Defendant challenges the sufficiency of the evidence to support his conviction. [DS 3] In this Court’s calendar notice, we proposed to affirm on this issue. In response, Defendant continues to assert that there was insufficient evidence for his conviction, and specifically contends that the State’s failure to disclose a video recording of the subject incident should have cast sufficient doubt on the State’s case such that a reasonable fact-finder could not have found him guilty beyond a reasonable doubt. [MIO 1] As such, Defendant’s argument challenges the weight the jury gave the evidence below. However, appellate courts do not reweigh the evidence or reassess credibility determinations on appeal. See State v. Slade, 2014-NMCA-088, § 13, 331 P.3d 930 (‘[A]ppellate courts do not search for inferences supporting a contrary verdict or re-weigh the evidence because this type of analysis would substitute an appellate court’s judgment for that of the jury.” (internal quotation marks and citation omitted)); State v. Salas, 1999-NMCA-099, 4 13, 127 N.M. 686, 986 P.2d 482 (recognizing that it is for the fact-finder to resolve any conflict in the testimony of the witnesses and to determine where the weight and credibility lic). Rather, on appeal, we review whether the fact-finder’s “decision is supported by substantial evidence, not whether the trial court could have reached a different conclusion.” /n re Ernesto M., Jr., 1996-NMCA-039, § 15, 121 N.M. 562, 915 P.2d 318. 433 Accordingly, for the reasons stated above and in our notice of proposed disposition, we affirm Defendant’s conviction. 4) ITISSO ORDERED. 4 JULLE J.V WE CONCUR: BRIANA H. Z
Wondering 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.