State v. Lujan

• Decision Date: 04 April 1975
• Docket Number: No. 9867,9867
• Parties: STATE of New Mexico, Plaintiff-Appellee, v. Carlos Gilbert LUJAN, Defendant-Appellant.
• Court: New Mexico Supreme Court

Page 1112

534 P.2d 1112

87 N.M. 400

STATE of New Mexico, Plaintiff-Appellee, v. Carlos Gilbert LUJAN, Defendant-Appellant.

No. 9867.

Supreme Court of New Mexico.

April 4, 1975.

Rehearing Denied May 13, 1975.

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, App. Defender, Don Klein, Jr., Associate App. Defender, Santa Fe, for appellant

David L. Norvell, Atty. Gen., Randolph B. Felker, Sp. Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

MARTINEZ, Justice.

On December 19, 1972, defendant Carlos Gilbert Lujan was charged with murder, contrary to § 40A--2--1, N.M.S.A.1953 (2d Repl.Vol. 6, 1972), to which he entered pleas of not guilty and not guilty by reason of insanity. The case was heard before a jury in the district court of DeBaca County. The jury found the defendant guilty of murder in the first degree and, on July 2, 1973, judgment was entered imposing life imprisonment upon the defendant.

On appeal defendant's first claim of error is that the trial court erred in admitting over objection evidence of statements made by defendant, without first determining defendant's sanity at the time the statements were made. This Court has recognized that an insane person is not capable of making a voluntary confession. State v. Padilla, 66 N.M. 289, 347 P.2d 312 (1959). Mental capacity to make a confession must be distinguished from the defense of insanity. Though a defendant might be legally insane, thus raising a defense to a criminal charge, he still might be legally competent to make a valid confession. The latter involves the finding of facts surrounding the criminal act, i.e., what happened, by whom, etc., while the former involves responsibility, is the defendant criminally liable for his actions.

The test used to determine mental competence to make a voluntary confession is aptly stated in State v. Sisneros, 79 N.M. 600, 605, 446 P.2d 875, 880 (1968):

'A reading of the confessions and of the testimony concerning the defendant's mental capacities and his actions after the commission of the crime clearly demonstrates that he had sufficient mental capacity at that time to be conscious of what he was doing, to retain memory of his actions, and to relate with reasonable accuracy the details of his actions. This is all that was required, insofar as his mental state or condition is concerned, to support the voluntariness of the confession. As stated by Professor Henry Weihofen:

'Incompetency at Time of Confession. For a defendant to make a valid confession, he must have had sufficient mental capacity at the time to be conscious of the physical acts performed by him, to retain them in his memory, and to state them with reasonable accuracy. It has been held that when a confession is offered, if the defendant offers to prove that he ws not mentally competent to make such confession, this issue should be tried before the confession is admitted. But mere mental instability or temporary lack of faculties only goes to the weight to be given the confession.' (Emphasis added). Weihofen, Mental Disorder as a Criminal Defense, 455 (Dennis & Co., New York, 1954).'

Defendant contends that once he objected to the proffered testimony, he had a right to an evidentiary hearing to determine the issue of involuntariness to confess due to insanity. An evidentiary hearing on this issue is constitutionally required when a defendant requests it or when the defendant attempts to offer proof that he was not mentally competent to make the confession. State v. Sisneros, supra; State v. Word, 80 N.M. 377, 456 P.2d 210 (Ct.App.1969); Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964); Sims v. Georgia, 385 U.S. 538, 87 S.Ct. 639, 17 L.Ed.2d 593 (1967). Defendant objected as follows:

'* * *: Now, if the Court please, I want to interpose an objection at this time.

'* * *: Now, we have raised, our defense is innocent by reason of insanity, and I think at this time since we raised that defense they have got to show that this defendant was sane at the time and knew what was going on in his mental condition at this time or his confession would not be admissible.'

Was this objection sufficient to activate defendant's constitutional right to an evidentiary hearing? The record fails to show that defendant attempted to offer evidence that he was mentally incompetent to make the confessions. His objection seems to demand that the state meet some burden of proving sanity at the time of the confession. However, we hold that a confession is presumed to be given by a person meeting the mental competence test of Sisneros, supra, and the burden is on the defendant to show some evidence to the contrary. Here, defendant failed to demand an evidentiary hearing and did not show that he had evidence to submit on his incompetence to confess. There is no evidence in the record of coercion, prolonged interrogation, or anything which might make the confession involuntary. Under these circumstances, it was proper for the court to admit the evidence of the confession, along with evidence of the defendant's state of mind at the time of the confession, to allow the jury to decide the weight to be accorded the confession. We can only assume that an evidentiary hearing here would have been futile.

Secondly, defendant contends that the trial court erred in admitting over objection lay witness opinion testimony as to defendant's sanity at the time of the offense. New Mexico courts have repeatedly held that opinion testimony of laymen may be received on the question of insanity. Territory v. McNabb, 16 N.M. 625, 120 P. 907 (1911); State v. Ortega, 77 N.M. 7, 419 P.2d 219 (1966); State v. Victorian, 84 N.M. 491, 505 P.2d 436 (1973); State v. James, 85 N.M. 230, 511 P.2d 556 (Ct.App.1973). In this regard, we have stated that it is the duty of the trial court to pass upon the qualifications and opportunity of the lay witness to form such an opinion. Territory v. McNabb, supra. The record here clearly shows that the trial court made adequate inquiry as to the opportunity and knowledge of the witness to form an opinion on defendant's insanity, and that the trial judge, using his discretion, properly permitted the witness to testify. We should note, parenthetically, that Rule 701 of the New Mexico Rules of Evidence, which was admittedly not in effect at the time of this trial, now provides adequate guidance on this issue.

The defendant also alleges that the court erred in failing to instruct the jury as to the tests of competence to stand trial. At the time of trial, Rule 35(b) of the New Mexico Rules of Criminal Procedure, § 41--23--35(b), N.M.S.A.1953 (2d Repl.Vol. 6, Supp.1973), provided:

'(b) Determination Of Present Sanity. Whenever it appears, by motion or upon the court's own...