A-1-CA-36861•October 25, 2019- State of New Mexico v. Steven Padilla, No. A-1-CA-36861
October 25, 2019- State of New Mexico v. Steven Padilla, No. A-1-CA-36861
A-1-CA-36861Nmctapp
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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-36861 4
STEVEN PADILLA, 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
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, as well as its order 20
releasing Defendant from custody without making a determination of whether there 21
were “no release conditions [that] will reasonably protect the safety of any other 22
Court of Appeals of New Mexico
Filed 10/25/2019 9:01 AM2
person or the community[,]” as required under Rule 5-409(G). We dismiss for lack 1
of jurisdiction and timeliness. 2
BACKGROUND 3
{2} After filing a criminal complaint against Defendant Steven Padilla, the State 4
filed a motion for pretrial detention under Rule 5-409(G). Finding the State failed to 5
comply with its discovery obligations under the rule, the district court sanctioned the 6
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 [s]tate has a constitutional right to appeal, we 19
look at whether the district court’s disposition was contrary to law.” State v. 203
Grossetete, 2008-NMCA-088, ¶ 5, 144 N.M. 346, 187 P.3d 692. “[A]s a practical 1
matter, we must decide the merits of the issues the [s]tate raises in order to determine 2
if it has a constitutional right to appeal.” State v. Horton, 2008-NMCA-061, ¶ 1, 144 3
N.M. 71, 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) NMRA (2017). 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
convictions and provided, with the motion, the criminal complaint for the current 5
charges, a public safety assessment of Defendant, and a booking sheet from the 6
Bernalillo County Detention Center. In the criminal complaint, the affiant police 7
officer mentioned that the victim filled out a written statement, which was “attached 8
to the report.” After the State filed its pretrial detention motion, the district court 9
entered a discovery order directing the State to disclose “all evidence relating to the 10
[m]otion for [p]retrial [d]etention that is in the possession or is reasonably available 11
to the prosecution, including that evidence in the possession of law enforcement that 12
is reasonably available to the prosecution.” The district court further ordered that 13
“[a]ll exculpatory evidence known to the prosecutor must be disclosed[,]” that these 14
disclosures “must be provided at least twenty-four (24) hours before the [pretrial 15
detention] hearing[,]” and that “[t]he failure to comply with this [o]rder may result 16
in sanctions.” 17
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)(a)(i), (b) (emphasis added).6
{10} During the original hearing on the State’s pretrial detention motion, defense 1
counsel indicated the State had not provided any written statements, police reports, 2
or recordings. The State explained that it had provided the evidence it intended to 3
use at the hearing and that its discovery obligations were satisfied. The district court 4
continued the hearing, sanctioned the State, and clarified that the State was required 5
to provide, at a minimum, the police report and written statement referenced in the 6
criminal complaint. The district court noted that it was willing to reconsider the 7
sanction if the State provided “some indication” that the criminal complaint 8
contained the substance of the police report and written statement referenced in the 9
complaint. 10
{11} Shortly before the subsequent hearing, the State provided Defendant with belt 11
tapes, but failed to provide the police report and written statement ordered at the 12
prior hearing. During the rescheduled hearing, the State acknowledged that although 13
it provided additional discovery to Defendant, it would “not be able to contest that 14
[it was] in violation of the [discovery] deadline.” The district court denied 15
Defendant’s motion to dismiss the State’s pretrial detention motion, continued the 16
hearing on the State’s motion, and ordered Defendant’s release from custody. 17
{12} At the third hearing on the State’s motion for pretrial detention, Defendant 18
again indicated the State had failed to provide the police report and written statement 19
mentioned in the criminal complaint. Notwithstanding the State’s failure to do so, 207
the district court denied Defendant’s motion to dismiss the State’s pretrial detention 1
motion, and granted the State’s motion. 2
{13} We cannot conclude that the district court’s sanction order was an abuse of its 3
discretion under the circumstances. The district court ordered the timely production 4
of evidence that was related to the State’s pretrial detention motion, including the 5
evidence referenced in the criminal complaint attached to the motion. See Rule 5- 6
409(F)(2) (2017) (requiring the State to provide “all evidence relating to the motion 7
for pretrial detention that is in the possession of the prosecutor or is reasonably 8
available to the prosecutor[, a]t least twenty-four (24) hours before the hearing” 9
(emphasis added)). Accordingly, we conclude the district court’s sanction order was 10
not contrary to law. See Grossetete, 2008-NMCA-088, ¶ 10 (explaining that a 11
disposition is not contrary to law when “the district court acted within its 12
discretionary authority”). 13
The District Court Did Not Err in Imposing a Monetary Sanction 14
{14} Having concluded the district court’s interpretation of the State’s discovery 15
obligations under Rule 5-409(F)(2) (2017) was not contrary to law, we now turn to 16
whether the district court’s monetary sanction was contrary to law. As the State 17
notes, Rule 5-409 does not provide for sanctions for violations of its discovery 18
requirements. Nevertheless, the district court retains inherent authority to sanction 19
parties, including public entities, “to ensure compliance with the proceedings of the 208
court.” Harrison, 2013-NMCA-105, ¶¶ 15, 26; In re Jade G., 2001-NMCA-058, 1
¶ 27, 130 N.M. 687, 30 P.3d 376 (explaining that “even though specific judicial 2
authority is not delineated by statute, or stated in a rule of court, a court may exercise 3
authority that is essential to the court’s fulfilling its judicial functions[, and that] 4
[t]his authority embraces the ability of a court to control its docket and the 5
proceedings before it”). 6
{15} The State first argues the district court’s discovery order provided insufficient 7
notice that sanctions would be imposed based on its interpretation of the scope of 8
Rule 5-409(F)(2) (2017). However, the State relies on Rule 5-112 NMRA, which 9
provides procedural requirements before imposing sanctions for criminal contempt 10
of court. As the State neither argues the district court’s sanction rose to the level of 11
a punishment for criminal contempt of court, nor cites authority supporting its 12
argument that Rule 5-112’s procedural requirements apply outside the context of 13
criminal contempt sanctions, we decline to review this argument further. See State 14
v. Guerra, 2012-NMSC-014, ¶ 21, 278 P.3d 1031 (explaining that appellate courts 15
do not review unclear or undeveloped arguments, and that where a party cites to no 16
supporting authority, we assume none exists). 17
{16} Next, the State argues the district court was obligated, but failed, to consider 18
whether the State’s failure to comply with the discovery order was willful or in bad 19
faith, whether it was prejudicial, and whether there were less severe sanctions. Our 209
Supreme Court has recognized that district courts have the inherent authority “to 1
avail themselves of, and impose, meaningful sanctions where discovery orders are 2
not obeyed and a party’s conduct injects needless delay into the proceedings.” Le 3
Mier, 2017-NMSC-017, ¶ 16 (citing State ex rel. N.M. State Highway & Transp. 4
Dep’t v. Baca, 1995-NMSC-033, ¶ 11, 120 N.M. 1, 896 P.2d 1148). When a district 5
court imposes sanctions for discovery violations, it must evaluate culpability, 6
prejudice, and lesser sanctions and must explain its decision. Le Mier, 2017-NMSC- 7
017, ¶ 20. However, the Le Mier Court clarified that to justify a district court’s 8
sanction, these considerations need not all weigh in favor of the sanction. Id. 9
{17} Here, the district court appropriately weighed the State’s culpability, finding 10
that the State “did not provide or attempt to provide the information in a timely 11
fashion.” See id. ¶ 24 (concluding that the state’s repeated failure to comply with the 12
district court’s discovery orders was “sufficiently culpable conduct,” and that “a 13
single violation of a discovery order may suffice to support a finding of culpability”). 14
The district court also considered whether the State’s conduct gave rise to prejudice, 15
explaining that “[t]he untimely disclosure . . . resulted in prejudice to Defendant to 16
adequately prepare for the pretrial detention hearing.” See id. ¶ 25 (concluding that 17
the defendant was prejudiced after the state’s failure to comply with the district 18
court’s discovery order caused the court to reset trial, thereby “needlessly delaying 19
[the defendant’s] proverbial ‘day in court’ ”). Further, the district court explained 2010
that the State’s untimely disclosure forced the district court to reschedule the 1
hearing. See id. ¶ 26 (concluding that “the [district] court’s time was wasted, and 2
this is prejudicial”). Finally, the district court evaluated whether the sanction 3
imposed was the least severe sanction. The district court is not “obligated to consider 4
every conceivable lesser sanction[,]” but must instead “fashion the least severe 5
sanction that best fit the situation and which accomplished the desired result.” Id. 6
¶ 27. The district court met its obligation when it reset the hearing “to enable the 7
State an opportunity to prove that no conditions will reasonably protect the 8
community and Defendant an opportunity to argue against pretrial detention.” See 9
id. ¶ 28 (approving of the district court’s sanction when it granted the state’s 10
continuance request, thus providing “ample opportunity to comply with reasonable 11
and clear orders”). The district court also imposed a monetary sanction against the 12
State, which was a lesser sanction than the dismissal sought by Defendant. See id. 13
¶ 29 (holding that a sanction is the least severe sanction in light of the circumstances 14
when “the district court responded to [a] specific violation at issue with a sanction 15
tailored to fit that violation”). We therefore conclude the district court did not abuse 16
its discretion in imposing the monetary sanction against the State. 17
{18} The State cites Baca for the proposition that the district court was required to 18
find the State willfully violated its discovery obligation and/or did so in bad faith. 19
1995-NMSC-033, ¶ 12. However, the State’s reliance is misplaced, as Baca required 2011
such findings when awarding attorney fees as a sanction. See id. (holding that a court 1
may “award attorney[] fees as a sanction for bad faith or vexatious litigation or for 2
defiance of a court order”). As the State has failed to cite authority requiring such 3
findings outside the context of awarding attorney fees as a sanction, we assume no 4
such authority exists, and we decline to review this argument further. See Fernandez 5
v. Farmers Ins. Co. of Ariz., 1993-NMSC-035, ¶ 15, 115 N.M. 622, 857 P.2d 22 6
(“The general rule is that cases are not authority for propositions not considered.” 7
(internal quotation marks and citation omitted)); In re Adoption of Doe, 1984- 8
NMSC-024, ¶ 2, 100 N.M. 764, 676 P.2d 1329 (“We assume where arguments in 9
briefs are unsupported by cited authority, counsel after diligent search, was unable 10
to find any supporting authority. We therefore will not do this research for counsel. 11
Issues raised in appellate briefs which are unsupported by cited authority will not be 12
reviewed by us on appeal.” (citation omitted)). Accordingly, we conclude the district 13
court’s sanction order was not a disposition contrary to law. 14
The State’s Appeal of the District Court’s Release Order Was Untimely 15
{19} The State further argues the district court’s order releasing Defendant from 16
custody was contrary to law, giving rise to its constitutional right to appeal. 17
Notwithstanding any purported error in the district court’s disposition, we note that 18
“[t]he timely filing of [any] appeal is a mandatory precondition to this Court’s 19
exercise of jurisdiction.” State v. Lope, 2015-NMCA-011, ¶ 8, 343 P.3d 186. The 2012 State has made no argument, nor provided any authority, from which we can 1 conclude the State’s appeal from the district court’s order releasing Defendant from 2 custody is not governed by the procedural requirements set forth in our Rules of 3 Appellate Procedure. See Rule 12-204(A), (C)(1) NMRA (providing that [t]his rule 4 governs appeals under Rule 5-405 NMRA from orders regarding release or 5 detention[,]” and that “[a]n appeal under this rule shall be initiated by filing a motion 6 with the clerk of the appropriate appellate court within ten (10) days after the 7 decision of the district court is filed” (emphases added)); Rule 5-405(A)(3)(b) 8 (providing that “[a] party may appeal an order regarding release or detention” and 9 that “the [S]tate may appeal if the district court has denied the prosecutor’s motion 10 for pretrial detention”); State v. Upchurch, 2006-NMCA-076, ¶ 3, 139 N.M. 739, 11 137 P.3d 679 (“Although the [s]tate is an ‘aggrieved party’ from the district court 12 order . . . within the meaning of the New Mexico Constitution, an aggrieved party 13 with the right to appeal must exercise that right within the confines of the Rules of 14 Appellate Procedure.”). The State did not seek appellate review of the district court’s 15 order in a timely fashion. Instead, it filed a notice of appeal almost thirty days after 16 the district court’s release order and has otherwise failed to demonstrate exceptional 17 circumstances. We therefore decline to review its appeal of the district court’s order 18 releasing Defendant. See Upchurch, 2006-NMCA-076, ¶¶ 4-6 (declining to extend 19 the presumption of ineffective assistance of counsel to the state, concluding that “in 20
13
the absence of exceptional circumstances, we rigidly enforce the mandatory time 1
limits for filing the notice of appeal[,]” and dismissing the state’s untimely appeal). 2
CONCLUSION 3
{20} Because the district court’s sanctions order was not a disposition contrary to 4
law, and the State’s appeal of the district court’s release order was untimely, we 5
dismiss the State’s appeal for lack of jurisdiction and timeliness. See Grossetete, 6
2008-NMCA-088, ¶ 15 (dismissing the state’s appeal because the district court’s 7
order was not contrary to law and thus the state did not have a constitutional right to 8
appeal); Upchurch, 2006-NMCA-076, ¶ 1 (dismissing the state’s untimely appeal). 9
{21} IT IS SO ORDERED. 10
______________________________ 11
JULIE J. VARGAS, Judge 12
WE CONCUR: 13
__________________________________ 14
M. MONICA ZAMORA, Judge 15
__________________________________ 16
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