A-1-CA-37687•January 8, 2020- Phillip Zamora v. State of New Mexico, No. A-1-CA-37687
January 8, 2020- Phillip Zamora v. State of New Mexico, No. A-1-CA-37687
A-1-CA-37687Nmctapp
Texte intégral
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/decision is updated accordingly
in Odyssey.
IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 1
PHILLIP ZAMORA, 2
Petitioner-Appellant, 3
v. No. A-1-CA-37687 4
STATE OF NEW MEXICO, 5
Respondent-Appellee. 6
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 7
Alisa A. Hart, District Judge 8
Todd A. Coberly 9
Santa Fe, NM 10
for Appellant 11
Hector H. Balderas, Attorney General 12
Santa Fe, NM 13
Margaret Crabb, Assistant Attorney General 14
Albuquerque, NM 15
for Appellee 16
MEMORANDUM OPINION 17
VANZI, Judge. 18
{1} Petitioner appeals from the district court’s order and amended order denying 19
his petition to set aside his conviction. In this Court’s notice of proposed disposition, 20
we proposed to summarily reverse and remand. The State filed a memorandum in 21
opposition and Petitioner filed a memorandum in support, which we have duly 22
considered. We reverse and remand. 23
Court of Appeals of New Mexico
Filed 1/8/2020 8:17 AM2
{2} In our notice of proposed disposition, we noted that the district court indicated 1
in its order that Petitioner did not intend to “present[] any evidence or matters outside 2
the pleadings in support of his claim.” This statement appeared to be a 3
misunderstanding of Petitioner’s counsel’s statement that he would not be presenting 4
evidence at the preliminary hearing. In its memorandum in opposition, the State 5
argues that an evidentiary hearing is not required because the record establishes that 6
trial counsel was not, in fact, ineffective because Defendant entered his plea based 7
on strategy and because Defendant was not prejudiced by his plea given that there 8
was sufficient evidence to convict him of trafficking at trial. In his memorandum in 9
support, Defendant argues that the existence of trial strategy does not, in and of itself, 10
negate a conclusion that trial counsel was ineffective if no reasonable attorney would 11
have followed that strategy, and that the evidence identified by the State could also 12
support a finding by a fact-finder that Defendant was merely in possession of the 13
controlled substance, not that he intended to traffic it. Defendant additionally argues 14
that, in any event, the district court’s dismissal order was clearly predicated on its 15
misunderstanding that Petitioner did not intend to present any evidence or matters 16
outside of the record, which was an erroneous interpretation of defense counsel’s 17
comments, warranting reversal for an evidentiary hearing. 18
{3} Because Petitioner’s claims are based in occurrences outside of the record and 19
because it appears the district court’s ruling was based on a misunderstanding of 203
defense counsel’s statement that Defendant did not intend to present evidence at the 1
preliminary hearing to mean Defendant did not intend to present evidence at an 2
evidentiary hearing, we conclude that remand is appropriate for the district court to 3
either hold an evidentiary hearing or clarify in an amended order why Petitioner’s 4
claim can be resolved on the record. See Rules 5-802(H)(4), 5-803(F) NMRA; State 5
v. Swim, 1971-NMCA-035, ¶¶ 7-8, 82 N.M. 478, 483 P.2d 1318 (concluding that a 6
hearing was required because the petitioner made claims that “concern[] occurrences 7
outside the record which, if true, would be grounds for vacating his sentence, and 8
[which] . . . could not be resolved without a hearing” (internal quotation marks and 9
citation omitted)); State v. Patton, 1970-NMCA-105, ¶¶ 5-6, 82 N.M. 29, 474 P.2d 10
711 (concluding that the petitioner was entitled to a hearing and stating that “[t]hese 11
allegations of pleas coerced or induced by threats to use statements, allegedly 12
improperly obtained, would be sufficient, if true, to collaterally attack the judgments 13
against defendants”). 14
{4} Accordingly, for the reasons stated in our notice of proposed disposition and 15
herein, we reverse and remand to the district court for further proceedings in 16
accordance with this opinion. 17
{5} IT IS SO ORDERED. 18
______________________________ 19
LINDA M. VANZI, Judge 204 WE CONCUR: 1 _________________________________ 2 KRISTINA BOGARDUS, Judge 3 ___________________________________________ 4 BRIANA H. ZAMORA, Judge 5
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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/decision is updated accordingly
in Odyssey.
IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
Court of Appeals of New Mexico
PHILLIP ZAMORA, Wh 2020 STAM
Petitioner: Appellant, ~fe4
Mark Reynolds
V. No. A-1-CA-37687
STATE OF NEW MEXICO,
Respondent-A ppellee.
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
Alisa A. Hart, District Judge
Todd A. Coberly
Santa Fe, NM
for Appellant
Hector H. Balderas, Attomey General
Santa Fe, NM
Margaret Crabb, Assistant Attomey General
Albuquerque, NM
for Appellee
MEMORANDUM OPINION
VANTZI, Judge.
{1} Petitioner appeals from the district court’s order and amended order denying
his petition to set aside his conviction. In this Court's notice of proposed disposition,
we proposed to summarily reverse and remand. The State filed a memorandum in
opposition and Petitioner filed a memorandum in support, which we have duly
considered. We reverse and remand.
2
{2} In our notice of proposed disposition, we noted that the district court indicated 1
in its order that Petitioner did not intend to “present[] any evidence or matters outside 2
the pleadings in support of his claim.” This statement appeared to be a 3
misunderstanding of Petitioner’s counsel’s statement that he would not be presenting 4
evidence at the preliminary hearing. In its memorandum in opposition, the State 5
argues that an evidentiary hearing is not required because the record establishes that 6
trial counsel was not, in fact, ineffective because Defendant entered his plea based 7
on strategy and because Defendant was not prejudiced by his plea given that there 8
was sufficient evidence to convict him of trafficking at trial. In his memorandum in 9
support, Defendant argues that the existence of trial strategy does not, in and of itself, 10
negate a conclusion that trial counsel was ineffective if no reasonable attorney would 11
have followed that strategy, and that the evidence identified by the State could also 12
support a finding by a fact-finder that Defendant was merely in possession of the 13
controlled substance, not that he intended to traffic it. Defendant additionally argues 14
that, in any event, the district court’s dismissal order was clearly predicated on its 15
misunderstanding that Petitioner did not intend to present any evidence or matters 16
outside of the record, which was an erroneous interpretation of defense counsel’s 17
comments, warranting reversal for an evidentiary hearing. 18
{3} Because Petitioner’s claims are based in occurrences outside of the record and 19
because it appears the district court’s ruling was based on a misunderstanding of 20
3
defense counsel’s statement that Defendant did not intend to present evidence at the 1
preliminary hearing to mean Defendant did not intend to present evidence at an 2
evidentiary hearing, we conclude that remand is appropriate for the district court to 3
either hold an evidentiary hearing or clarify in an amended order why Petitioner’s 4
claim can be resolved on the record. See Rules 5-802(H)(4), 5-803(F) NMRA; State 5
v. Swim, 1971-NMCA-035, ¶¶ 7-8, 82 N.M. 478, 483 P.2d 1318 (concluding that a 6
hearing was required because the petitioner made claims that “concern[] occurrences 7
outside the record which, if true, would be grounds for vacating his sentence, and 8
[which] . . . could not be resolved without a hearing” (internal quotation marks and 9
citation omitted)); State v. Patton, 1970-NMCA-105, ¶¶ 5-6, 82 N.M. 29, 474 P.2d 10
711 (concluding that the petitioner was entitled to a hearing and stating that “[t]hese 11
allegations of pleas coerced or induced by threats to use statements, allegedly 12
improperly obtained, would be sufficient, if true, to collaterally attack the judgments 13
against defendants”). 14
{4} Accordingly, for the reasons stated in our notice of proposed disposition and 15
herein, we reverse and remand to the district court for further proceedings in 16
accordance with this opinion. 17
{5} IT IS SO ORDERED. 18
______________________________ 19
LINDA M. VANZI, Judge 20
1
WE CONCUR:
2
Kasína Bogardus
3
KRISTINA BOGARDUS, Judge
4
Briana Primera
5
BRIANA H. ZAMORA, Judge
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