State v. Gonzales

Citations: 145 N.M. 110; 2008 NMCA 146; 194 P.3d 725Docket: No. 26,290

Court: New Mexico Court of Appeals; July 2, 2008; New Mexico; State Appellate Court

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Defendant Richard Gonzales was convicted of two counts of burglary and one count of conspiracy to commit burglary. He appealed, arguing that the evidence was insufficient to support his convictions. The court affirmed the convictions after examining the evidence presented at trial. 

In June 2004, Westlake Hardware in Roswell was burglarized, with surveillance footage capturing individuals removing items from a covered area adjacent to the store. The burglars cut a hole in a chain-link fence surrounding the area to gain access. An anonymous tip led police to investigate Gonzales's residence, where Detective Rusty Brisco observed stolen items in his yard, including fertilizer, a hose reel, and an air conditioner. Based on these observations, a search warrant was issued, resulting in Gonzales’s arrest.

In reviewing Gonzales's sufficiency of evidence claim, the court employed a two-step process: first, considering the evidence in the light most favorable to the verdict, and second, determining if a rational trier of fact could find each crime element established beyond a reasonable doubt. Gonzales contested the classification of the area from which the items were stolen as a "structure," citing precedent where a chain-link fence was not deemed a structure under burglary law. However, the court's ruling on the sufficiency of evidence ultimately upheld the convictions.

The State references Garrett v. State, where the Georgia Court of Appeals determined that a shelter, open on three sides and attached to a business, qualified as a 'building' under the burglary statute due to its enclosed nature within a secured area. The case presented parallels to the current situation, where the covered area at Westlake Hardware, also open on three sides but attached to the main building, served to store merchandise and was similarly secured by a chain-link fence. The court concluded that this area fell within the 'prohibited space' intended to be protected by the burglary statute.

Defendant argued that evidence was insufficient to prove his involvement in the burglary, claiming the surveillance video was too grainy for identification. However, the court noted that despite its quality, distinguishing features could be identified, and an officer testified that the video depicted Defendant wearing clothing similar to what he had on days later. The jury, as factfinder, was entitled to assess the video's weight and the court would not reconsider the evidence or the jury's judgment.

Defendant also contested that insufficient evidence indicated he committed two separate burglaries. Testimony revealed that the surveillance camera activated three times during the night in question, leading the jury to determine he committed one burglary, left, and returned for a second. The court upheld the jury's findings, affirming the evidence supported their conclusion beyond a reasonable doubt.

Defendant contends that the evidence was insufficient to support his conspiracy conviction for burglary. Conspiracy under New Mexico law requires a knowing agreement to commit a felony, which can be inferred from circumstantial evidence rather than direct proof. Defendant's argument hinges on the lack of identification of the other alleged conspirators during the trial. However, the jury had strong circumstantial evidence from surveillance footage showing Defendant participating in the burglary with others, which supported the inference of an agreement to commit the crime. The court upheld the jury's conclusion that such an agreement existed, affirming the conviction and stating that the evidence was adequate. The ruling is finalized with concurrence from Judge Lynn Pickard.