State v. Lancaster, A-1-CA-39408

CitationA-1-CA-39408
Case DateSeptember 22, 2022
CourtCourt of Appeals of New Mexico

STATE OF NEW MEXICO, Plaintiff-Appellee,
v.

TRISTAN LANCASTER, Defendant-Appellant.

No. A-1-CA-39408

Court of Appeals of New Mexico

September 22, 2022


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.

APPEAL FROM THE DISTRICT COURT OF ROOSEVELT COUNTY Drew D. Tatum, District Judge

Hector H. Balderas, Attorney General Santa Fe, NM Emily Bowen, Assistant Attorney General Albuquerque, NM for Appellee

Bennett J. Baur, Chief Public Defender William O'Connell, Assistant Appellate Defender Santa Fe, NM for Appellant

MEMORANDUM OPINION

KATHERINE A. WRAY, JUDGE.

{¶1} A jury convicted Defendant Tristan Lancaster for battery upon a peace officer, in violation of NMSA 1978, Section 30-22-24 (1971). On appeal, Defendant argues that the evidence at trial supported only the lesser included offense of resisting, evading, or obstructing an officer. We "view the evidence in the light most favorable

1

to the guilty verdict, indulging all reasonable inferences and resolving all conflicts in the evidence in favor of the verdict," and affirm. State v. Holt, 2016-NMSC-011, ¶ 20, 368 P.3d 409 (internal quotation marks and citation omitted).

DISCUSSION

{¶2} The jury was instructed on both battery upon a peace officer and resisting, evading, or obstructing an officer. This Court has described the difference between the two crimes as follows: "[B]attery requires the resisting or abusing to have culminated in a touching, while resisting also prohibits lesser forms of resisting." State v. Ford, 2007-NMCA-052, ¶ 19, 141 N.M. 512, 157 P.3d 77. Compare UJI 142211 NMRA (battery on a peace officer), with UJI 14-2215 NMRA (resisting, evading, or obstructing an officer). Defendant argues that she "resisted" the arresting officer's "attempts to arrest her, and that when she braced herself against the car door[]frame, she accidentally struck him." Having reviewed the evidence at trial, including the video of Defendant's arrest, we conclude that a "rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." See Holt, 2016-NMSC-011, ¶ 20 (internal quotation marks and citation omitted).

{¶3} The jury in the present case was instructed, without objection, that Defendant's intent could be...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT