State v. Gonzales
Decision Date | 23 December 2019 |
Docket Number | No. A-1-CA-36059,A-1-CA-36059 |
Citation | 461 P.3d 920 |
Parties | STATE of New Mexico, Plaintiff-Appellee, v. John R. GONZALES, Defendant-Appellant. |
Court | Court of Appeals of New Mexico |
Hector H. Balderas, Attorney General, Santa Fe, NM, M. Victoria Wilson, Assistant Attorney General, Albuquerque, NM, for Appellee
Bennett J. Baur, Chief Public Defender, MJ Edge, Assistant Appellate Defender, Santa Fe, NM, for Appellant
{1} Defendant John Gonzales appeals his convictions for resisting, evading, or obstructing an officer, contrary to NMSA 1978, Section 30-22-1(D) (1981) ; aggravated driving while under the influence of intoxicating liquor or drugs (DWI), contrary to NMSA 1978, Section 66-8-102(D)(1) (2010, amended 2016) ; careless driving, contrary to NMSA 1978, Section 66-8-113 (1987) ; and possession of an open container, contrary to NMSA 1978, Section 66-8-138 (2013). Defendant raises two issues on appeal: (1) the denial of his motion for a mistrial after the State questioned him about plea negotiations in front of the jury and (2) he was the subject of a pretextual stop. We reverse and remand for a new trial.
{2} The testimony at trial revealed the following facts. A husband and wife were driving home one afternoon when they saw an unfamiliar car driven by Defendant pull in and out of their driveway. As Defendant pulled out, he almost struck the couple’s vehicle and fence before driving away. The couple followed Defendant and saw him pull in and out of another driveway. As Defendant drove away, the couple had to swerve in order to avoid being struck by him, causing a nearby truck to drive onto a railroad tie. A few minutes later, Defendant returned and pulled back into the same driveway from which he had just pulled out, at which point Officer Caleb Martin arrived in response to a report of a reckless driver.
{3} When Officer Martin made contact with Defendant, who was still sitting in the vehicle, he immediately smelled a strong odor of alcohol emanating from Defendant and noticed Defendant had bloodshot, watery eyes. Once Defendant opened the door, he almost fell out of the vehicle. Officer Martin eventually placed Defendant under arrest for DWI. Additionally, when Officer Martin reached in to turn off the ignition and secure Defendant’s vehicle, he noticed a nearly empty pint of whiskey on the passenger seat. Officer Martin drove Defendant to the police station, and as he was escorting Defendant inside, Defendant pulled away, resulting in Officer Martin pinning him against the wall. Inside the station, Officer Martin asked Defendant if he would submit to a breath or blood test and interpreted Defendant’s lack of response as a refusal.
{4} Defendant testified in his defense. On direct examination, Defendant testified that he stopped at a store on his way home and purchased a bottle of whiskey. Once home, Defendant entered his house, retrieved a soda with a cup of ice and returned to his vehicle, where he sat and listened to music until Officer Martin arrived. Defendant denied that he almost fell down or that he resisted arrest, and further testified that he offered to provide a breath, blood, or urine sample.
{5} During the State’s cross examination of Defendant, the following colloquy took place:
The district court interjected, The cross examination continued:
Immediately following the State’s question, defense counsel objected, stating, "That is clearly inadmissible," and moved for a mistrial. In response, the State argued that Defendant "opened the door[.]" After a brief bench conference, the district court sustained defense counsel’s objection but denied her motion for a mistrial and instructed the jury "to disregard the last statements of the witness about any possible negotiations that may have occurred in this case[.]"
{6} At the conclusion of trial, Defendant was found guilty of: (1) resisting, evading, or obstructing an officer; (2) aggravated DWI; (3) careless driving; and (4) possession of an open container. This appeal followed.
{7} We review the denial of a motion for a mistrial for an abuse of discretion. State v. Hernandez , 2017-NMCA-020, ¶ 14, 388 P.3d 1016. "The district court abuses its discretion in ruling on a motion for mistrial if it acts in an obviously erroneous, arbitrary, or unwarranted manner, or when the decision is clearly against the logic and effect of the facts and circumstances before the court." Id. (internal quotation marks and citation omitted). In determining whether the district court abused its discretion in denying Defendant’s motion for a mistrial, we must address whether the State’s question about plea negotiations violated Rule 11-410 NMRA, and if so, whether it could be cured by the district court’s admonition. See Hernandez , 2017-NMCA-020, ¶ 14, 388 P.3d 1016. We begin by turning to the rule generally prohibiting the introduction of plea negotiations at trial and the policy supporting that prohibition.
{8} Under Rule 11-410(A)(5), evidence of "a statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or resulted in a later-withdrawn guilty plea" are not admissible "against the defendant who made the plea or participated in plea discussions[.]"2 Rule 11-410 also applies to evidence of the offer itself. See State v. Smile , 2009-NMCA-064, ¶ 41, 146 N.M. 525, 212 P.3d 413 ( ). "The only exceptions provided by Rule 11-410 are where another statement made during the same plea or plea discussions has been introduced, if in fairness both statements ought to be considered together and in a criminal proceeding for perjury or false statement." Kipnis v. Jusbasche , 2017-NMSC-006, ¶ 1, 388 P.3d 654 (internal quotation marks and citation omitted); see Rule 11-410(B)(1). The State does not argue that either of the listed exceptions apply in the instant case.
{9} There are important policy considerations for Rule 11-410 ’s general prohibition against the admission of evidence relating to plea negotiations. "Like the federal counterpart rule from which the [state] rule was taken, the rule is meant to promote the efficient disposition of criminal cases because collateral use of pleas, as admissions of party-opponents under Rule 11-801 NMRA or as other evidentiary implications of guilt, would discourage resolution of criminal proceedings." Kipnis , 2017-NMSC-006, ¶ 1, 388 P.3d 654. State v. Trujillo , 1980-NMSC-004, ¶ 18, 93 N.M. 724, 605 P.2d 232.
{10} Our Supreme Court expounded upon the importance of the role of plea bargaining in Trujillo by acknowledging:
The negotiated guilty plea serves important functions. The quality of justice in all cases would suffer if overloaded courts were faced with a great increase in the number of trials. Tremendous investments of time, talent, and money, all of which are in short supply and can be better used elsewhere, would be necessary if all cases were tried.
Id. ( ). In light of these important policy considerations, the Court in Trujillo determined that " Rule 11-410 ‘clos[ed] the door on the admissibility of [statements surrounding plea negotiations] as evidence at trial for either substantive or impeachment purposes’ and that ‘a weighing of conflicting policies demonstrates that the balance is tipped in favor of interpreting Rule [11-]410 as the cloak of privilege around plea negotiation discussions.’ " Kipnis , 2017-NMSC-006, ¶ 14, 388 P.3d 654 ( )(quoting Trujillo , 1980-NMSC-004, ¶¶ 19, 21, 605 P.2d 232 ). Our Supreme Court has also indicated that Rule 11-410 acts as a categorical rule of exclusion, noting that, unlike surrounding evidentiary rules, Rule 11-410 "contains no language which limits its exclusionary effect." Kipnis , 2017-NMSC-006, ¶ 13, 388 P.3d 654 (quoting Trujillo , 1980-NMSC-004, ¶ 17, 605 P.2d 232 ). Compare Rule 11-410, with Rule 11-409 NMRA ( ), and Rule 11-411 NMRA ( ). Moreover, in doing so, our Supreme Court has paid...
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