{ "id": 4241324, "name": "STATE OF NEW MEXICO, Plaintiff-Appellant, v. JOSEPH ARCHULETA, Defendant-Appellee", "name_abbreviation": "State v. Archuleta", "decision_date": "2015-01-26", "docket_number": "No. 35,005; Docket No. 32,794", "first_page": "538", "last_page": "545", "citations": [ { "type": "official", "cite": "2015-NMCA-037" } ], "court": { "name_abbreviation": "N.M. Ct. App.", "id": 9025, "name": "Court of Appeals of New Mexico" }, "jurisdiction": { "id": 52, "name_long": "New Mexico", "name": "N.M." }, "cites_to": [ { "cite": "2004-NMSC-009", "category": "reporters:neutral", "reporter": "NMSC", "case_ids": [ 1427945 ], "weight": 3, "pin_cites": [ { "page": "\u00b6 20" } ], "opinion_index": 0, "case_paths": [ "/nm/135/0375-01" ] }, { "cite": "2014-NMCERT-008", "category": "reporters:neutral", "reporter": "NMCERT", "opinion_index": 0 }, { "cite": "331 P.3d 971", "category": "reporters:state_regional", "reporter": "P.3d", "opinion_index": 0 }, { "cite": "2014-NMCA-087", "category": "reporters:neutral", "reporter": "NMCA", "case_ids": [ 4240551 ], "weight": 2, "pin_cites": [ { "page": "\u00b6 11" } ], "opinion_index": 0, "case_paths": [ "/nm-app/6/0498-01" ] }, { "cite": "306 P.3d 426", "category": "reporters:state_regional", "reporter": "P.3d", "opinion_index": 0 }, { "cite": "2013-NMSC-020", "category": "reporters:neutral", "reporter": "NMSC", "case_ids": [ 4335299 ], "pin_cites": [ { "page": "\u00b6 2" } ], "opinion_index": 0, "case_paths": [ "/nm-app/4/0196-01" ] }, { "cite": "2010-NMSC-005", "category": "reporters:neutral", "reporter": "NMSC", "case_ids": [ 4246234 ], "weight": 3, "pin_cites": [ { "page": "\u00b6 34" } ], "opinion_index": 0, "case_paths": [ "/nm/147/0557-01" ] }, { "cite": "279 P.3d 747", "category": "reporters:state_regional", "reporter": "P.3d", "opinion_index": 0 }, { "cite": "2012-NMSC-018", "category": "reporters:neutral", "reporter": "NMSC", "case_ids": [ 4189500 ], "pin_cites": [ { "page": "\u00b6 17" } ], "opinion_index": 0, "case_paths": [ "/nm-app/2/0030-01" ] }, { "cite": "2009-NMSC-019", "category": "reporters:neutral", "reporter": "NMSC", "case_ids": [ 4243851 ], "weight": 4, "pin_cites": [ { "page": "\u00b6 21" }, { "page": "\u00b6 21" } ], "opinion_index": 0, "case_paths": [ "/nm/146/0155-01" ] }, { "cite": "119 N.M. 788", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 1561306 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nm/119/0788-01" ] }, { "cite": "1995-NMCA-028", "category": "reporters:neutral", "reporter": "NMCA", "weight": 2, "pin_cites": [ { "page": "\u00b6 6" } ], "opinion_index": 0 }, { "cite": "285 P.3d 622", "category": "reporters:state_regional", "reporter": "P.3d", "opinion_index": 0 }, { "cite": "2012-NMSC-029", "category": "reporters:neutral", "reporter": "NMSC", "case_ids": [ 4188995 ], "weight": 7, "pin_cites": [ { "page": "\u00b6 1" }, { "page": "\u00b6\u00b6 43, 61" }, { "page": "\u00b6 38" }, { "page": "\u00b6 60" }, { "page": "\u00b6 62" }, { "page": "\u00b6 40" } ], "opinion_index": 0, "case_paths": [ "/nm-app/2/0433-01" ] }, { "cite": "2002-NMCA-109", "category": "reporters:neutral", "reporter": "NMCA", "case_ids": [ 15587 ], "weight": 4, "pin_cites": [ { "page": "\u00b6 9" }, { "page": "\u00b6 2" } ], "opinion_index": 0, "case_paths": [ "/nm/133/0032-01" ] } ], "analysis": { "cardinality": 935, "char_count": 21344, "ocr_confidence": 0.771, "pagerank": { "raw": 5.298132930532853e-08, "percentile": 0.333506316391419 }, "sha256": "30a41dee6e99e3e2148f49688942b7cfb806f19aed8091b4539386633455aa0b", "simhash": "1:d1dae685f8cbed26", "word_count": 3431 }, "last_updated": "2023-07-14T17:10:55.229683+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "MICHAEL E. VIGIL, Judge", "LINDA M. VANZI, Judge", "J. MILES HANISEE, Judge" ], "parties": [ "STATE OF NEW MEXICO, Plaintiff-Appellant, v. JOSEPH ARCHULETA, Defendant-Appellee." ], "opinions": [ { "text": "OPINION\nVIGIL, Judge.\nState v. Tower, 2002-NMCA-109, \u00b6 9, 133 N.M. 32, 59 P.3d 1264, holds that entry into a commercial business establishment contrary to a no trespass order constitutes an \u201cunauthorized entry\u201d into the business under our commercial burglary statute. The question presented in this case is whether Tower should be overruled in light of our Supreme Court\u2019s opinion in State v. Office of the Public Defender ex rel. Muqqddin, 2012-NMSC-029, 285 P.3d 622. The district court concluded that Tower is no longer viable in light of Muqqddin, and dismissed the indictment charging Defendant with one count of commercial burglary in violation of NMSA 1978, Section 30-16-3(B) (1971), and the State appeals. Agreeing with the district court, we overrule Tower and affirm.\nBACKGROUND\nDefendant was charged with one count of commercial burglary on the basis that he entered a Walgreens store \u201cwithoxxt authorization or permission, with intent to commit any felony or a theft therein[.]\u201d Defendant filed a motion to dismiss pursuant to Rule 5-601 NMRA and State v. Foulenfont, 1995-NMCA-028, 119 N.M. 788, 895 P.2d 1329, requesting that the district court determine \u201c[w]hether, as a matter of law, entry into a commercial establishment during business hours with intent to commit a theft within the business, when such entry was made after a no trespass order had been served, constitutes the offense of [b]urglary[.]\u201d\nFor purposes of the motion, Defendant conceded that he entered a Walgreens store through a public entrance during business hours and without ever leaving any areas openly accessible to the public, concealed a bottle of Bacardi Rum worth twelve dollars and eighty-three cents ($12.83) in his jacket and walked past all final.points of sale without paying for the bottle. Defendant further conceded that he had previously been issued a warning that he was denied permission to enter or remain on property belonging to Walgreens and that he intended to commit a theft from the Walgreens when he entered it. Defendant argued that charging him with the felony of burglary, rather than with misdemeanor criminal trespass and shoplifting or petty larceny, resulted in the overly expansive application of the burglary statute cautioned against by our Supreme Court in Muqqddin.\nThe State opposed the motion on the grounds that the issue was improperly raised as aFoulenfont motion, that Tower is directly on point, and that Muqqddin is distinguishable. The district court determined that, while Tower is directly on point, Muqqddin directed trial courts to consider what the Legislature intended when applying the burglary statute. And, having considered the Legislature\u2019s intent, the district court determined that the Legislature did not intend for the burglary statute to be used to prosecute what are \u201cbetter revealed in the lesser statutes of [trespass . . . and [s]hoplifting[.]\u201d The district court therefore dismissed the charge with prejudice. In reaching its determination, the district court relied on the following undisputed facts:\n1.Defendant entered into a Walgreens store, which is a commercial business establishment during business hours with intent to commit theft within the business.\n2. Defendant committed a theft with[in] the business.\n3. The entry was made after a no trespass order had been issued and served on Defendant, and Defendant\u2019s permission to be inside the store had been explicitly revoked.\nDISCUSSION\nOn appeal, we must decide whether to overrule a prior opinion of this Court. The decision to overrule prior precedent is not one that is undertaken lightly. W e remain \u201cmindful of the principles of stare decisis and take care to overrule established precedent only when the circumstances require it.\u201d State v. Pieri, 2009-NMSC-019, \u00b6 21, 146 N.M. 155, 207 P.3d 1132. Thus, before overruling a prior opinion, we consider:\n1) whether the precedent is so unworkable as to be intolerable; 2) whether parties justifiably relied on the precedent so that reversing it would create an undue hardship; 3) whether the principles of law have developed to such an extent as to leave the old rule no more than a remnant of abandoned doctrine; and 4) whether the facts have changed in the interval from the old rule to reconsideration so as to have robbed the old rule of justification.\nState v. Swick, 2012-NMSC-018, \u00b6 17, 279 P.3d 747 (quoting State v. Riley, 2010-NMSC-005, \u00b6 34, 147 N.M. 557, 226 P.3d 656, overruled on other grounds by State v. Montoya, 2013-NMSC-020, \u00b6 2, 306 P.3d 426). \u201cWhen one of the aforementioned circumstances convincingly demonstrates that a past decision is wrong,\u201d we should not hesitate to overrule even recent precedent. Pieri, 2009-NMSC-019, \u00b6 21 (alteration, internal quotation marks, and citation omitted). With these principles in mind, we now turn to a consideration of Muqqddin and Tower.\nMuqqddin\nIn Muqqddin, our New Mexico Supreme Court called into question forty years of this Court\u2019s burglary decisions. Our Supreme Court noted that, during that time, this Court \u201cissued numerous opinions that, for the most part, . . . expanded significantly the reach of the burglary statute,\u201d and noted that this expansion \u201copcurred without any parallel change in the statute.\u201d 2012-NMSC-029, \u00b6 1. According to our Supreme Court,\n[a]s the crime of burglary has continued to expand, it seems at times to have transformed into an enhancement for any crime committed in any type of structure or vehicle, as opposed to a punishment for a harmful entry. In the past, the typical burglary scenario involved a home invasion, and the crime was intended to protect occupants against the terror and violence that can occur as a result of such an entry. Yet today it has become more common to add a burglary charge to other crimes where the entry itself did not create or add any potential of greater harm than the completed crime. Our Legislature has never expressed an intent that burglary be used as an enhancement, nor has it clearly authorized the steady progression of judicial expansion of burglary as seen over the past 40 years.\nId. \u00b6 3 (citation omitted).\nOur Supreme Court instructed that \u201cthe original common-law purpose of burglary, the protection of the security of habitation or a similar space, is still relevant when construing our modern burglary statute.\u201d Id. \u00b6 39. The Supreme Court reminded both bench and bar that \u201cburglary has a greater purpose than merely protecting property[,]\u201d id. \u00b6 39, and that \u201c[i]t is the invasion of privacy and the victim\u2019s feeling of being personally violated that is the harm caused by the modern burglar, and the evil that our society is attempting to deter through modern burglary statutes.\u201d Id. \u00b6 42. While our Supreme Court recognized that \u201c[t]he privacy interest that our modern burglary statute protects is . . . broader than[] the security of habitation,\u201d it also noted that the burglary statute is still aimed at \u201cprotect[ing] against the feeling of violation and vulnerability that occurs when a burglar invades one\u2019s personal space.\u201d Id. \u00b6 43.\nFinally, the Supreme Court provided guidance to lower courts, reminding us that \u201c[fjirst and foremost, what is being punished as a felony under Section 30-16-3 is a harmful entry[,]\u201d id. \u00b6 60; that such entry refers to \u201cplaces where things are stored and personal items can be kept private[,]\u201d id. \u00b6 61; and that \u201cburglary is a serious offense with serious consequences[,]\u201d id. \u00b6 60. Keeping in mind our Supreme Court\u2019s effort at guiding future applications of our burglary statute, we now turn to Tower.\nTower\nIn 2002, this Court issued its decision in Tower. After being caught shoplifting at a Foley\u2019s department store, the defendant was given a trespass notice by Foley\u2019s, informing him that he was no longer welcome in any Foley\u2019s and, if he was ever found on Foley\u2019s property, he would be arrested for criminal trespass. 2002-NMCA-109, \u00b6 2. Two years later, after the defendant was seen in Foley\u2019s shoplifting, he was indicted on charges of burglary and larceny. Id. \u00b6 3. The district court dismissed the burglary charges on the ground that the defendant had inadequate notice \u201cthat his re-entry into Foley\u2019s [would] result in any charge more severe than trespassing.\u201d Id. (internal quotation marks omitted). The state appealed the district court\u2019s decision.\nOn appeal, we addressed whether the burglary statute was unconstitutionally vague as applied to the defendant\u2019s conduct and, therefore, whether the defendant\u2019s conduct was clearly proscribed by the burglary statute. Id. \u00b6 4 (stating that, \u201c[b]ecause the essence of a vagueness claim rests on a lack of notice, a party may not succeed on the claim if the statute clearly applies to the defendant\u2019s conduct\u201d (internal quotation marks and citation omitted)). We held that the burglary statute clearly applied:\nThe crime of burglary \u201cconsists of the unauthorized entry of any . . . structure, . . . with the' intent to commit any felony or theft therein.\u201d Here, [the defendant entered the Foley\u2019s department store after his permission to enter had been revoked. Thus, he was unauthorized to enter the store. Since he was caught stealing articles from the store, it can reasonably be inferred that he entered the store with the intent to steal items from it. It appears that the burglary statute clearly applies to [the defendant\u2019s conduct.\nId. \u00b6 5 (omissions in original) (citation omitted).\nWe reasoned that, although \u201cthe store was generally open to the public as a place of commerce\u201d and \u201cthe shopping public was given authority to enter the storef,] ... a private property owner can restrict the use of its property, either to certain persons or to those purposes for which it was dedicated},] so long as the1 restrictions are not discriminatory.\u201d Id. \u00b6 7. Thus, because Foley\u2019s gave the defendant a notice that he could no longer enter the store, we concluded that Foley\u2019s \u201crevoked any authority that [the defendant] might otherwise have had to enter the property as a member of the public.\u201d Id. We therefore reversed, concluding that because \u201cthe law is clear that a burglary is an unauthorized entry into a structure with the intent to commit a felony or theft therein}, and the defendant knew that he was not authorized to enter Foley\u2019s[,] .... his entry for the purpose of committing shoplifting (a theft) was a burglary.\u201d Id. \u00b6 9.\nAbsent from our analysis in Tower is any discussion regarding whether the entry was \u201charmful\u201d \u2014 the gravamen of Muqqddin. Instead, our analysis in Tower focused exclusively on the plain language of the statute and the ability of a department store to revoke its permission to enter. And, while it is clear that such revocation of permission to enter may give rise to'criminal trespass, it is less clear following our Supreme Court\u2019s decision in Muqqddin whether that revocation will support felony charges for burglary.\nA similar issue was recently presented to this Court in State v. Baca, 2014-NMCA-087, 331 P.3d 971, cert. granted, 2014-NMCERT-008, _ P.3d _. Baca involved a defendant charged with commercial burglary where the defendant, who was not a member of Costco, shoplifted after gaining entry into Costco by using a membership card that did not belong to him. Id. \u00b6 5. We determined that entry by a non-member during business hours, did not constitute an unauthorized entry under our burglary statute. Id. \u00b6 6. In reaching that conclusion, we reasoned that there was \u201cno particular security or privacy interest at stake inside Costco, that justifies recognizing a departure from the general rule that we presume retail stores to be open to the public\u201d; that \u201c[the defendant's entry into th[e] shopping area d[id] not implicate \u2018the feeling of violation and vulnerability\u2019 we associate with the crime of burglary\u201d; and that \u201c[the djefendant\u2019s entry into Costco during business hours, albeit deceptive, granted him access to an otherwise open shopping area, as opposed to an area \u2018where things are stored and personal items can be kept private.\u2019\u201d Id. \u00b6 9 (quoting Muqqddin, 2012-NMSC-029, \u00b6\u00b6 43, 61). While Baca, ultimately, \u201cexpressed] no opinion as to [Tower\u2019s] continuing precedential value,\u201d Baca questioned \u201cthe continuing validity of general statements in Tower indicating that a retail store\u2019s notice revoking a person\u2019s permission to be on the premises is sufficient by itself to make his or her presence unauthorized under our burglary statute.\u201d Baca, 2014-NMCA-087, \u00b6 11. We possess similar concerns here.\nWe have difficulty envisioning how a defendant\u2019s entry into an open public shopping area, even where the person entering the shopping area has received a notice of no trespass, can constitute the kind of harmful entry prohibited by the burglary statute. Tower did not address that question but merely relied on the plain language of the burglary statute \u2014 an approach for which the State also advocates. However, Muqqddin cautioned against relying solely on the plain language of the statute. 2012-NMSC-029, \u00b6 38 (\u201c[C]ourts must exercise caution in applying the plain meaning rule. Its beguiling simplicity may mask a host of reasons why a statute, apparently clear and unambiguous on its face, may for one reason or another give rise to legitimate (i.e., nonfrivolous) differences of opinion concerning the statute\u2019s meaning[.]\u201d (internal quotation marks and citation omitted)). Rather, Muqqddin instructs prosecutors and courts alike to assess whether the conduct in question falls within the parameters of the burglary statute \u201cconstrued in light of the purpose for which it was enacted.\u201d Id. \u00b6 36 (internal quotation marks and citations omitted); see also id. \u00b6 59 (\u201cWhen deciding whether or not a burglary charge is appropriate, courts and [district [attorneys must consider whether or not this is the type of entry the Legislature intended Section 30-16-3 to deter.\u201d (Emphasis added.)). And, according to our Supreme Court, \u201c[fjirst and foremost\u201d in making that determination, we must consider whether the conduct in question is \u201ca harmful entry.\u201d Muqqddin, 2012-NMSC-029, \u00b6 60. Underthe circumstances presented in this case \u2014 entry into an otherwise open public shopping area after receiving a notice of no tr.espass \u2014 we conclude as a matter of law that a harmful entry did not occur. Accordingly, we overrule Tower.\nThe State argues that \u201cany departure from the doctrine of stare decisis demands special justification},]\u201d that Tower remains a workable precedent, and that the State relied on Tower in making its charging decision. As we have discussed, our Supreme Court in Muqqddin issued a directive to reevaluate existing burglary jurisprudence to ensure that it is consistent with what our Supreme Court identified as the legislative intent behind our modern burglary statute. Pursuant to that directive, we have reevaluated Tower and have concluded that it is incompatible with the principles articulated in Muqqddin. No further justification for overruling Tower is necessary. Thus, the State\u2019s reliance on Tower in making the decision to charge Defendant with burglary is an insufficient basis for permitting Tower to stand in light of this Court\u2019s conclusion that Tower is inconsistent with the principles articulated in Muqqddin.\nOur decision to overrule Tower is further supported by looking to the remaining considerations articulated in Muqqddin for determining when criminal conduct should be charged under the burglary statute. Our Supreme Court cautioned us to \u201cbe cognizant of the disparity in potential penalties that can stem from a burglary charge due to its unique place in our jurisprudence.\u201d 2012-NMSC-029, \u00b6 62.\nThe lesson from cases such as those presented here, along the outer fringes of what the Legislature may or may not consider as burglary, is that trial courts and trial counsel must consider more than just the words of a statute. Words are the beginning, not the end; they serve as portals into the thoughts behind the words of a criminal statute. Where, as here, those thoughts are revealed in another, lesser statute, that becomes a fairly reliable indicator of legislative intent, both as to the specific crime and, more importantly, the gravity of the offense.\nId. \u00b6 54.\n\u201cAs a felony, burglary is a serious offense with serious consequences... . [It] is no petty crime.\u201d Id. \u00b6 60. Commercial burglary is a fourth degree felony. See \u00a7 30-16-3(B). Conversely, criminal trespass is a misdemeanor offense, see \u00a7 30-14-1 (B), (E), and larceny and shoplifting under $250 are petty misdemeanors. See NMSA 1978, \u00a7 30-16-1 (B) (2006) (larceny); NMSA 1978, \u00a7 30-16-20(B)(l) (2006) (shoplifting). By classifying the conduct at issue as a misdemeanor or petty misdemeanor, the Legislature signaled its intent that these acts not be punished as severely as burglary. As our Supreme Court noted, the burglary statute \u201cwas .not designed solely to deter trespass and theft, as those are prohibited by other laws.\u201d Muqqddin, 2012-NMSC-029, \u00b6 40. Thus, given this disparity, we agree with the district court\u2019s conclusion, that the Legislature did not intend for the burglary statute to be used to prosecute conduct that, in this case, is \u201cbetter revealed in the lesser statutes of [trespass . . . and [s] hop lifting [. ] \u201d Moreover, to the extent ambiguity remains as to whether the Legislature intended for this type of conduct to be prosecuted under the burglary statute, \u201c[t]he rule of lenity requires that ambiguity in criminal statutes [be] strictly construed against the [s]tate.\u201d Id. \u00b6 58 (second alteration in original) (internal quotation marks and citation omitted). Thus, under the rule of lenity, any ambiguity must be resolved against the application of the burglary statute to the conduct at issue in this case.\nFinally, the State challenges the district court\u2019s ruling, arguing that the district court was bound by Tower and that \u201c[i]t is not the prerogative of the lower courts to overrule controlling precedent, despite the fact that subsequent cases may raise doubts about their continued vitality.\u201d While we acknowledge that lower courts are bound by controlling precedent \u201cin order to protect the fundamental interests of fairness, certainty, uniformity, and judicial economy,\u201d State ex rel. Martinez v. City of Las Vegas, 2004-NMSC-009, \u00b6 20, 135 N.M. 375, 89 P.3d 47, we decline to address the propriety of the district court\u2019s decision not to apply Tower, as it does not provide a basis for reversal. Ultimately, we have determined that Tower is inconsistent with the principles articulated in Muqqddin and must be overruled, and the district court\u2019s act of refusing to apply Tower does not alter that decision.\nIn sum, we conclude that violating an order of no trespass by entering an otherwise open public shopping area with the intent to commit a theft does not constitute the type of harmful entry required for a violation of the burglary statute in the wake of Muqqddin. To the extent that Tower holds that the burglary statute applies to such conduct, Tower is expressly overruled. We conclude that to hold otherwise allows the State to use the burglary statute to enhance the misdemeanor act of trespassing to a felony \u2014 an enhancement that Muqqddin does not permit.\nCONCLUSION\nFor the reasons articulated above, the order of the district court is affirmed.\nIT IS SO ORDERED.\nMICHAEL E. VIGIL, Judge\nWE CONCUR:\nLINDA M. VANZI, Judge\nJ. MILES HANISEE, Judge\nBy conceding to the material facts for the purpose of determining whether they are sufficient to support a burglary charge, Defendant properly raised a legal issue that the district court could resolve without a trial because the State did not demonstrate that the facts are in dispute. See Foulenfont, 1995-NMCA-028, \u00b6 6 (holding that the district court has authority to resolve purely legal questions under Rule 5-601 where the facts are not disputed).\nNMSA 1978, Section 30-14-l(B) (1995) defines \u201ccriminal trespass\u201d as \u201cknowingly entering or remaining upon the unposted lands of another knowing that such consent to enter or remain is denied or withdrawn by the owner or occupant thereof.\u201d\nThe State argues that requiring the entry to be \u201charmful,\u201d or one that would cause someone \u201cto suffer a feeling of violation and vulnerability,\u201d adds an additional element to the burglary statute and creates a fact-based determination that cannot bo resolved pretrial. We disagree. Muqqddin did not add an element to the Legislature\u2019s statutory definition of burglary that the State is required to prove at trial. Rather, the inquiry into whether an entry is the type that would result in a feeling of violation and vulnerability is a detennination that the Supreme Court has required as part of a statutory interpretation analysis that is resolved as a matter of law.", "type": "majority", "author": "VIGIL, Judge." } ], "attorneys": [ "Gary K. King, Attorney General Corinna Laszlo-Henry; Assistant Attorney General Santa Fe, NM M. Anne Kelly, Assistant Attorney General Albuquerque, NM for Appellant", "Law Offices of the Public Defender Jorge A. Alvarado, Chief Public Defender Kimberly Chavez Cook, Assistant Appellate Defender Santa Fe, NM for Appellee" ], "corrections": "", "head_matter": "Certiorari Granted, January 26, 2015,\nNo. 35,005\nIN THE COURT OF APPEALS STATE OF NEW MEXICO\nOpinion Number: 2015-NMCA-037\nFiling Date: October 27, 2014\nDocket No. 32,794\nSTATE OF NEW MEXICO, Plaintiff-Appellant, v. JOSEPH ARCHULETA, Defendant-Appellee.\nGary K. King, Attorney General Corinna Laszlo-Henry; Assistant Attorney General Santa Fe, NM M. Anne Kelly, Assistant Attorney General Albuquerque, NM for Appellant\nLaw Offices of the Public Defender Jorge A. Alvarado, Chief Public Defender Kimberly Chavez Cook, Assistant Appellate Defender Santa Fe, NM for Appellee" }, "file_name": "0538-01", "first_page_order": 554, "last_page_order": 561 }