(DOWNLOAD) "State v. Telles" by New Mexico Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Telles
- Author : New Mexico Court of Appeals
- Release Date : January 08, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
APPEAL FROM THE DISTRICT COURT OF DONA ANA COUNTY James T. Martin, District Judge OPINION {1} Defendant appeals his convictions and sentences after a jury trial. He was found guilty of homicide by vehicle (DWI) and great bodily injury by vehicle (DWI) in violation of NMSA 1978, § 66-8-101 (1991). He raises six issues on appeal: (1) comments by law enforcement officers on Defendant's post-arrest, post-Miranda silence in response to the prosecutor's direct examination constituted reversible error, (2) the trial court erred by excluding testimony regarding the victims' blood alcohol level and drug use, (3) testimony regarding the victims' injuries was unfairly prejudicial and violated Defendant's substantive rights, (4) the trial court improperly sentenced Defendant, (5) defense counsel's failure to call a witness constituted ineffective assistance of counsel, and (6) these errors cumulatively deprived Defendant of substantial rights. Unpersuaded by Defendant's arguments, we affirm. I. FACTUAL AND PROCEDURAL BACKGROUND