State v. Stein, 19-074

• Docket Nº: 19-074
• Citation: 981 P.2d 295
• Case Date: April 19, 1999
• Court: Court of Appeals of New Mexico

STATE OF NEW MEXICO, Plaintiff-Appellee,
v.
JOHN STEIN, Defendant-Appellant.

Docket No. 19,074

Opinion Number: 1999-NMCA-065

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

Filing Date: April 19, 1999

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
W.C. "Woody" Smith, District Judge

PATRICIA A. MADRID, Attorney General, JAMES BELL, Assistant Attorney General, Santa Fe, NM, for Appellee

PHYLLIS H. SUBIN, Chief Public Defender, CHRISTOPHER BULMAN, Chief Appellate Defender, Santa Fe, NM, for Appellant

OPINION

HARTZ, Judge.

{1} This is another unfortunate case in which enactment of a well-intentioned statute has created a trap for the unwary prosecutor. See State v. Trujillo, 1999-NMCA-003, ___ N.M. ___, 973 P.2d 855.

{2} In 1995 the State Legislature expressed its concern with the tragedy of domestic violence by enacting the Crimes Against Household Members Act, NMSA 1978, §§ 30-3-10 to -16 (1995) (hereafter "CAHMA"). The statute created the offenses of assault against a household member, Section 30-3-12; aggravated assault against a household member, Section 30-3-13; assault against a household member with intent to commit a violent felony, Section 30-3-14; battery against a household member, Section 30-3-15; and aggravated battery against a household member, Section 30-3-16. The elements of these offenses were taken from longstanding statutes prohibiting assault and battery. See NMSA 1978, §§ 30-3-1 (1963) (assault); 30-3-2 (1963) (aggravated assault); 30-3-3 (1977) (assault with intent to commit a violent felony); 30-(1963) (battery); 30-3-5 (1969) (aggravated battery). The chief difference is that CAHMA added as an element that the victim be a "household member" of the assailant. For example, the offense of battery against a household member, see § 30-3-15, is identical to the offense of simple battery, see § 30-3-4, except that the victim must be a "household member." The penalties are the same under Sections 30-3-4 and 30-3-15.

{3} In the case before us on appeal the State proved that Defendant had battered his daughter. But rather than prosecuting Defendant under the simple battery statute, the State charged him with battery against a household member. As we shall see, however, the child of the batterer is not a "household member" under the definition in CAHMA. See § 30-3-11. Therefore, the State did not prove all the elements of the charged offense, and Defendant's conviction must be reversed.

I. BACKGROUND

{4} The incident in question occurred on February 21, 1996. Defendant was a divorced father of two daughters: Yvonne, 13, and Danielle, 11. Both daughters, who lived with their mother, were visiting Defendant. While playing a game of catch, Yvonne struck Danielle in the head with the ball and Danielle began to cry. Defendant told Yvonne to apologize for striking Danielle. Yvonne apologized.

{5} Defendant testified at trial as follows: Viewing Yvonne's apology to Danielle as insincere, he asked Yvonne in a joking way whether she would let Danielle hit her with the ball in return. Yvonne became enraged and began screaming at Defendant not to touch her, saying that she hated him and that she never wanted to see him again. Defendant told Yvonne to go to his bedroom, but she argued that she did not have to do what he said. He led her to the bedroom and tried to close the door behind her. While he was struggling with her to pull the door shut, Yvonne's own hand slipped from the door and hit her face. Defendant then entered the room to confront Yvonne. She yelled obscenities at him and backed up into the closet. Defendant told her that she was to stay in the closet until he returned. Defendant did not touch Yvonne to make her stay in the closet nor did he throw her against the wall. Yvonne tried to get out of the room, saying that she was going to run away, and punched...