This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Defendant barricaded himself inside a home while police were present to serve a warrant. SWAT was called to remove him, causing damage to the property. The Defendant was accused of criminal damage to property exceeding $1,000, but the State did not provide evidence of the damage amount or cost (paras 2, 4-6).
Procedural History
- District Court of Lea County: Convicted the Defendant of criminal damage to property exceeding $1,000.
Parties' Submissions
- Defendant-Appellant: Argued that the evidence was insufficient to support the conviction as the State failed to prove the damages exceeded $1,000. Also claimed fundamental error due to the omission of a jury instruction on the "amount of damages" (para 2).
- Plaintiff-Appellee: Contended that evidence of the cost of repair was sufficient and that the replacement cost of the damaged property was obviously higher than the repair cost (paras 8, 10).
Legal Issues
- Was the evidence sufficient to support the conviction for criminal damage to property exceeding $1,000?
- Was it fundamental error to omit the definitional instruction on "amount of damages" from the jury instructions?
Disposition
- The conviction for criminal damage to property exceeding $1,000 was reversed (para 13).
Reasons
Per Henderson J. (Attrep C.J. and Medina J. concurring):
The Court found that the State failed to provide sufficient evidence to prove that the damage exceeded $1,000. The evidence presented, including photographs and a statement from the property owner, did not establish the cost of repair or replacement. The Court emphasized that without evidence of both repair and replacement costs, the jury could not determine the lesser amount, as required by law. The Court also noted that the jury's conclusion based solely on photographs required speculation, which is not permissible. Therefore, the evidence was insufficient to support the conviction (paras 8-12).