{ "id": 2765960, "name": "STATE of New Mexico, Plaintiff-Appellee, v. Harold WRIGHT, Defendant-Appellant", "name_abbreviation": "State v. Wright", "decision_date": "1972-06-02", "docket_number": "No. 854", "first_page": "3", "last_page": "5", "citations": [ { "type": "official", "cite": "84 N.M. 3" }, { "type": "parallel", "cite": "498 P.2d 695" } ], "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": "80 N.M. 521", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 5363285 ], "weight": 2, "year": 1969, "opinion_index": 0, "case_paths": [ "/nm/80/0521-01" ] }, { "cite": "80 N.M. 188", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 5361570 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nm/80/0188-01" ] }, { "cite": "83 N.M. 388", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 5335009 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nm/83/0388-01" ] }, { "cite": "79 N.M. 475", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 2739629 ], "weight": 2, "year": 1968, "opinion_index": 0, "case_paths": [ "/nm/79/0475-01" ] }, { "cite": "82 N.M. 142", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 5332128 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nm/82/0142-01" ] }, { "cite": "78 N.M. 471", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 5321896 ], "weight": 3, "year": 1967, "opinion_index": 0, "case_paths": [ "/nm/78/0471-01" ] }, { "cite": "79 N.M. 367", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 2737507 ], "weight": 3, "year": 1968, "opinion_index": 0, "case_paths": [ "/nm/79/0367-01" ] }, { "cite": "80 N.M. 727", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 5354561 ], "weight": 3, "opinion_index": 0, "case_paths": [ "/nm/80/0727-01" ] } ], "analysis": { "cardinality": 355, "char_count": 4792, "ocr_confidence": 0.694, "pagerank": { "raw": 4.5039105973833197e-07, "percentile": 0.9230096040348298 }, "sha256": "2d676c1bfbbb5476b9a41368fb737466645dbfc03338e253fbb6411c76272d92", "simhash": "1:b618db2cb58359f4", "word_count": 819 }, "last_updated": "2023-07-14T17:55:55.751115+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "HENDLEY and COWAN, JJ., concur." ], "parties": [ "STATE of New Mexico, Plaintiff-Appellee, v. Harold WRIGHT, Defendant-Appellant." ], "opinions": [ { "text": "OPINION\nSUTIN, Judge.\nWright was convicted and sentenced for armed robbery. Section 40A-16-2, N.M. S.A. 1953 (Repl. Vol. 6). He appeals.\nWe affirm.\nWright claims, (1) the trial court erred in failing to grant a new trial in which to present the defense of entrapment; (2) the trial court erred in allowing the introduction of certain evidence.\n1. Wright was not Entitled to a New Trial.\nWright claims that a police informer gave false testimony at trial which prejudiced him, and the informant excluded certain testimony of an exculpatory nature which would have allowed Wright to better urge the defense of entrapment. Therefore, Wright says he was entitled to a new trial.\nA motion for a new trial is addressed to the discretion of the trial court and will be reversed only for a clear abuse of discretion. State v. Milton, 80 N.M. 727, 460 P.2d 257 (Ct.App.1969).\nThe trial court carefully considered the testimony given at the hearing on the motion for a new trial. It decided that the issues of false testimony and entrapment should have been tested on cross-examination during trial.\nA review of the record fails to disclose an abuse of discretion by the trial court. A party cannot sit by, having knowledge of his acts and complain only when the verdict is against him. Compare State v. Milton, supra. This was most aptly stated by the trial court when after hearing all the testimony on the motion for the new trial stated, \u201cWell, you just don\u2019t get two bites at the apple, that\u2019s all there is to it.\u201d\nA review of the record reveals Wright relied upon an alibi defense. The jury resolved the issue against him. Additionally, when the defense of alibi was offered during trial, the defense of entrapment is not available to a defendant who denies committing .the offense, because to invoke entrapment necessarily assumes the commission of at least some of the elements of the offense. State v. Garcia, 79 N.M. 367, 443 P.2d 860 (1968).\nWright now contends that trial counsel did not measure up to the standards set forth in State v. Hines, 78 N.M. 471, 432 P.2d 827 (1967), and other cases, which relate to inadequacy of counsel. He now asserts \u201cEither trial counsel had no theory of the defense and was groping for any peg of evidence upon which to frame a defense, or he was attempting to fly in the face of State v. Garcia, supra, by raising inconsistent defenses and the canons of ethics by using perjured testimony.\u201d As we have previously stated, the record reveals evidence and a theory of the defense of alibi. There is no showing that counsel used perjured testimony. These contentions pertain to trial tactics and strategy over which the attorney has control. They do not necessarily amount to inadequacy of counsel. State v. Hines, supra. Before defendant can be heard to complain of inadequacy of counsel he must show that the proceedings leading to his conviction amount to a sham, a farce, or a mockery. State v. Wilson, 82 N.M. 142, 477 P.2d 318 (Ct.App.1970). No such showing is presented here.\n2. There was no Error in Allozving the Introduction of Certain Evidence.\nOver Wright\u2019s objection, the state introduced in evidence a pair of black moccasins taken from Wright at the time of the arrest. Wright claims the moccasins were improperly seized and were not tied to the armed robbery. The moccasins were seized at the time of a lawful arrest and were admissible in evidence. State v. Ramirez, 79 N.M. 475, 444 P.2d 986 (1968). Wright contends the moccasins had no relevance to the material issue of the state\u2019s case, but were \u201cwindow dressing.\u201d Error to be reversible must be prejudicial. State v. Vasquez, 83 N.M. 388, 492 P.2d 1005 (Ct.App.1971).\nThere is no showing that the evidence was prejudicial. State v. Ranne, 80 N.M. 188, 453 P.2d 209 (Ct.App.1969).\nDefendant further contends that the best that can be said \u201cis that the moccasins constituted mere evidence\u201d and were seized incident to an arrest and, therefore, their seizure was unlawful under State v. Paul, 80 N.M. 521, 458 P.2d 596 (Ct.App. 1969). Paul does not so state. Paul states that \u201cmere evidence\u201d may be seized but it did not change the law determining when an item might be seized. Defendant was arrested pursuant to a valid arrest warrant. The moccasins were used to corroborate the testimony of the police informer. A relevant reason for admitting evidence is corroboration of a witness. 2 F. Wharton, Criminal Evidence, \u00a7 673 (12th Ed. 1955).\nAffirmed.\nIt is so ordered.\nHENDLEY and COWAN, JJ., concur.", "type": "majority", "author": "SUTIN, Judge." } ], "attorneys": [ "Oliver H. Miles, Las Cruces, for appellant.", "David L. Norvell, Atty. Gen., James H. Russell, Jr., Asst. Atty. Gen., Santa Fe, for appellee." ], "corrections": "", "head_matter": "498 P.2d 695\nSTATE of New Mexico, Plaintiff-Appellee, v. Harold WRIGHT, Defendant-Appellant.\nNo. 854.\nCourt of Appeals of New Mexico.\nJune 2, 1972.\nOliver H. Miles, Las Cruces, for appellant.\nDavid L. Norvell, Atty. Gen., James H. Russell, Jr., Asst. Atty. Gen., Santa Fe, for appellee." }, "file_name": "0003-01", "first_page_order": 159, "last_page_order": 161 }