State v. Najera

Decision Date14 September 1976
Docket NumberNo. 2667,2667
PartiesSTATE of New Mexico, Plaintiff-Appellant, v. Ernest A. NAJERA, a/k/a Bobby Cruz, Defendant-Appellee.
CourtCourt of Appeals of New Mexico
OPINION

WOOD, Chief Judge.

One of the charges against defendant was that he possessed burglary tools in violation of § 40A--16--5, N.M.S.A.1953 (2d Repl.Vol. 6). The trial court ruled that the statute was unconstitutionally vague. The State appealed. We placed the appeal on the summary calendar, proposing summary reversal on the basis of prior New Mexico decisions. Defendant has filed a memorandum in opposition to summary reversal.

A statute violates due process if it is so vague that persons of common intelligence must necessarily guess at its meaning. 'The vagueness doctrine is based on notice and applies when a potential actor is exposed to criminal sanctions without a fair warning as to the nature of the proscribed activity.' State v. Marchiondo, 85 N.M. 627, 515 P.2d 146 (Ct.App.1973).

Defendant asserts the definition of 'burglary tools' comes within the above-quoted statement of the vagueness test. He states: 'A hammer, a shovel, a crowbar, a hairpin and a clothes hanger are all perhaps capable of definition as 'burglary tools.' When is the person of ordinary intelligence to know when it is forbidden to have a hairpin in her possession?'

Defendant's contention fails to consider the statutory language. Section 40A--16--5, supra, reads:

'Possession of burglary tools consists of having in the person's possession a device or instrumentality designed or commonly used for the commission of burglary and under circumstances evincing an intent to use the same in the commission of burglary.'

In determining the question of vagueness, we consider the statute as a whole. State v. Orzen, 83 N.M. 458, 493 P.2d 768 (Ct.App.1972). The statute gives notice that one is exposed to criminal sanctions if one: (1) possesses an instrumentality or device, (2) the instrumentality or device is designed or commonly used to commit burglary, and (3) the instrumentality or device is possessed under circumstances evincing an intent to use the instrumentality or device in committing burglary. The statute is not void for vagueness; it gives fair...

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20 cases
  • Santillanes v. State, 20638
    • United States
    • Supreme Court of New Mexico
    • March 1, 1993
    ...subject to criminal sanctions for conduct without fair warning as to the nature of the proscribed activity. See State v. Najera, 89 N.M. 522, 522, 554 P.2d 983, 983 (Ct.App.1976).6 The legal doctrine of overbreadth applies when the statute in question has been interpreted as sweeping unnece......
  • State v. Turley, 4354
    • United States
    • Court of Appeals of New Mexico
    • November 25, 1980
    ...Resources v. N.M. Water Quality Cont., 93 N.M. 546, 603 P.2d 285 (1979). The vagueness doctrine is based on notice. State v. Najera, 89 N.M. 522, 554 P.2d 983 (Ct.App.1976). Defendant's contention was not raised in the trial court; we consider it here, for the first time, because the conten......
  • State ex rel. Health and Social Services Dept. v. Natural Father, 3789
    • United States
    • Court of Appeals of New Mexico
    • July 24, 1979
    ...may violate due process if it is so vague that persons of common intelligence must necessarily guess at its meaning. State v. Najera, 89 N.M. 522, 554 P.2d 983 (App.1976). The parents contend that the words "other care or control" in subparagraph 2 and "mental incapacity" in subparagraph 3 ......
  • State v. Benny E., s. 11613
    • United States
    • Court of Appeals of New Mexico
    • April 26, 1990
    ...vague because persons of ordinary intelligence must necessarily guess at the statute's meaning. See State v. Najera, 89 N.M. 522, 554 P.2d 983 (Ct.App.1976). The underlying principle for the constitutional requirement of definiteness for a criminal statute is that no one shall be held crimi......
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