State v. Lucero
Decision Date | 01 August 2001 |
Docket Number | No. 26,066.,26,066. |
Citation | 130 N.M. 676,30 P.3d 365,2001 NMSC 24 |
Parties | STATE of New Mexico, Plaintiff-Respondent, v. Claude Alex LUCERO, Defendant-Petitioner. |
Court | New Mexico Supreme Court |
Phyllis H. Subin, Chief Public Defender, Nancy M. Hewitt, Assistant Appellate Defender, Santa Fe, NM, for Petitioner.
Patricia A. Madrid, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Respondent.
{1} Following a jury trial, Defendant Claude Alex Lucero was convicted of possession of a deadly weapon by a prisoner contrary to NMSA 1978, § 30-22-16 (1986). Defendant filed a motion for new trial on the basis of the jury instruction detailing the elements of the crime. The trial court granted the motion, and the State appealed. In a memorandum opinion, the Court of Appeals concluded that there was no error in the instruction and reversed the grant of the new trial. This Court then granted Defendant's petition for writ of certiorari to the Court of Appeals. We affirm the Court of Appeals on different grounds and remand for reinstatement of the verdict and entry of judgment and sentence.
{2} While Defendant was an inmate at the Bernalillo County Detention Center, he was found in his cell with a metal object that was about two feet long, crushed on both ends, and sharp. The object was thought to be a part of a window frame in one of the doors at the prison. At trial, the primary issue on the charge of possession of a deadly weapon by a prisoner was whether the metal object was in fact a deadly weapon. In accordance with the State's requested jury instruction, the trial court instructed the jury that, inter alia, the State had to prove beyond a reasonable doubt that "[t]he defendant was in possession of a metal object which, when used as a weapon, could cause death or very serious injury." Defendant did not object to this instruction.
{3} The jury entered its verdict finding Defendant guilty of possession of a deadly weapon by a prisoner on December 15, 1998. Defendant then filed a motion for new trial on January 19, 1999. As the sole ground for a new trial, Defendant contended that the instruction given to the jury regarding the definition of a deadly weapon effectively removed the question from the jury and required a finding that the object at issue was a deadly weapon. Defendant relied on State v. Bonham, 1998 NMCA 178, 126 N.M. 382, 970 P.2d 154, in which the Court of Appeals discussed an essential elements instruction for the crime of aggravated battery with a deadly weapon. The trial court agreed with Defendant that Bonham "is controlling and requires a new trial." On appeal by the State, the Court of Appeals distinguished Bonham and concluded that the trial court properly instructed the jury. Based on its conclusion that the trial was free of error, the Court of Appeals determined that the trial court abused its discretion in granting a new trial. See State v. Gonzales, 105 N.M. 238, 241, 731 P.2d 381, 384 (Ct.App.1986)
(, adopted in )State v. Griffin, 117 N.M. 745, 749, 877 P.2d 551, 555 (1994); see also State v. Chavez, 98 N.M. 682, 683, 652 P.2d 232, 233 (1982) ().
{4} On certiorari review, the State raises for the first time an argument that the trial court lacked jurisdiction to grant the motion for new trial. Defendant contends that the State failed to preserve this issue for appeal under Rule 12-216(A) NMRA 2001. However, as pointed out by the State, "[a] jurisdictional defect may not be waived and may be raised at any stage of the proceedings, even sua sponte by the appellate court." Armijo v. Save `N Gain, 108 N.M. 281, 282, 771 P.2d 989, 990 (Ct.App.1989); accord Rule 12 216(B). Thus, despite the State's failure to raise this issue below, we address whether the trial court had jurisdiction to rule on the motion.
{5} The State argues that Defendant's motion for new trial was not timely under Rule 5-614(C) NMRA 2001. This rule establishes a mandatory time requirement for filing: "A motion for new trial based on any [ground other than newly discovered evidence] shall be made within ten (10) days after verdict or finding of guilty or within such further time as the court may fix during the ten (10) day period." Id. Defendant did not file his motion for new trial within ten days of the verdict. In addition, Defendant's motion for new trial did not concern newly discovered evidence, and the trial court did not establish a different time requirement within the ten-day period. Accordingly, we agree with the State that Defendant failed to comply with the rule.
{6} The State further contends that Defendant's failure to comply with the time requirements of Rule 5-614(C) deprived the trial court of jurisdiction to rule on the motion. We agree.
{7} We have previously addressed a similar time requirement in an analogous provision contained in the Rules of Criminal Procedure. Rule 5-801 NMRA 2001, like Rule 5-614, provides a method for post-conviction relief, specifically, the modification of a sentence. Rule 5-801(B) requires that motions to reduce a sentence be filed within ninety days of the imposition of sentence or within ninety days of an appellate court mandate. We have held that this time requirement for the filing of a motion to modify a sentence is jurisdictional. Hayes v. State, 106 N.M. 806, 808, 751 P.2d 186, 188 (1988); accord State v. Trujillo, 117 N.M. 769, 771, 877 P.2d 575, 577 (1994)
(); State v. Neely, 117 N.M. 707, 709, 876 P.2d 222, 224 (1994).
{8} Additionally, the history of Rule 5-614 supports the State's jurisdictional analysis. In promulgating Rule 5-614, we derived the time requirement in subsection C of the rule from Rule 33 of the Federal Rules of Criminal Procedure. Rule 5-614 committee commentary. The time requirement for the filing of a motion for new trial in Rule 5-614(C) is nearly identical to the requirement in Rule 33 except that, compared to our ten-day filing requirement, the federal rule provides only seven days to file the motion "after verdict or finding of guilty." The State's jurisdictional argument regarding the time requirement in Rule 5-614(C) is consistent with a uniform body of federal law interpreting Rule 33. Every federal Circuit Court of Appeals has held that the time limitation in Rule 33 for motions for new trial based on grounds other than newly discovered evidence is jurisdictional. United States v. Hall, 214 F.3d 175, 177-78 (D.C.Cir.2000); United States v. Washington, 184 F.3d 653, 659 (7th Cir.1999); United States v. Hill, 177 F.3d 1251, 1252 (11th Cir.1999); United States v. Montilla-Rivera, 115 F.3d 1060, 1065 (1st Cir.1997); United States v. Gaydos, 108 F.3d 505, 512 (3d Cir.1997); United States v. Smith, 62 F.3d 641, 648 (4th Cir. 1995); United States v. Koehler, 24 F.3d 867, 869 (6th Cir.1994); United States v. Spector, 888 F.2d 583, 584 (8th Cir.1989); United States v. Miller, 869 F.2d 1418, 1420 (10th Cir.1989); United States v. Endicott, 869 F.2d 452, 457 (9th Cir.1989); United States v. Dukes, 727 F.2d 34, 38 (2d Cir.1984); United States v. Brown, 587 F.2d 187, 189-90 (5th Cir.1979). We believe that this overwhelming federal authority is simply too persuasive to ignore. See State v. Klempt (In re Hinkle), 121 N.M. 250, 253, 910 P.2d 326, 329 (1995)
(); see also Rochester v. Rochester, 1998 NMCA 100, ¶ 17, 125 N.M. 369, 961 P.2d 794 ().
To continue reading
Request your trial-
State v. Roybal
...time-consuming and potentially unnecessary appeals. 376 U.S. at 78-80, 84 S.Ct. 553; see also State v. Lucero, 2001-NMSC-024, ¶ 8, 130 N.M. 676, 30 P.3d 365 (indicating that federal case law is persuasive in interpreting our state rules of criminal procedure when they are essentially identi......
-
State v. Dorais
...NMRA (stating the rules for correction of an illegal sentence and modification of a sentence); State v. Lucero, 2001–NMSC–024, ¶ 7, 130 N.M. 676, 30 P.3d 365 (stating that the "time requirement for the filing of a motion to modify a sentence is jurisdictional"). Second, appeal of the Stipul......
-
State v. Dylan A.
...to hear and decide a timely filed motion after the expiration of the time limit); State v. Lucero, 2001-NMSC-024, ¶¶ 9-10, 130 N.M. 676, 30 P.3d 365 (concluding that ten-day time limit for filing a motion for new trial under Rule 5-614(C) NMRA is jurisdictional, and therefore, the trial cou......
-
State v. Acosta
...invoked the district court's jurisdiction by 7 timely filing a motion for a new trial. See State v. Lucero, 2001–NMSC–024, ¶ 9, 130 N.M. 676, 30 P.3d 365 (holding that the ten-day filing requirement in Rule 5–614(C) is jurisdictional). The district court then exercised its independent discr......