AI Generated Opinion Summaries

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, while on a work detail outside the prison, found marijuana and a foil marijuana pipe. He concealed these items in his shoe and brought them back into the prison upon reentry. The Defendant claimed he did not voluntarily reenter the prison, as he was in custody and required to return after the work detail.

Procedural History

• District Court of Doña Ana County: Convicted the Defendant of possession of drug paraphernalia and bringing contraband onto prison grounds.

Parties' Submissions

• Defendant-Appellant: Argued that his conviction for bringing contraband into the prison should be dismissed as a matter of law because he did not voluntarily reenter the prison. He relied on the precedent set in State v. Cole, asserting that voluntary entry is required to satisfy the statutory elements of the offense.
• Plaintiff-Appellee: Contended that the Defendant voluntarily chose to possess and conceal the contraband, knowing he would return to the prison, and thus met the statutory requirements for the offense.

Legal Issues

• Whether the Defendant’s reentry into the prison with contraband constituted a voluntary act under NMSA 1978, Section 30-22-14(B).

Disposition

• The Court of Appeals affirmed the district court’s decision to deny the Defendant’s motion to dismiss and upheld the convictions.

Reasons

Per Roderick T. Kennedy J. (Cynthia A. Fry CJ and Michael D. Bustamante J. concurring):

The Court distinguished the present case from State v. Cole. In Cole, the defendant was compelled to bring contraband into the jail due to circumstances of arrest, which negated the voluntary nature of the act. Here, the Defendant, while on work detail, knowingly chose to pick up and conceal contraband, fully aware that he would return to the prison. The Court emphasized that the voluntary act required by the statute was satisfied because the Defendant had the ability to choose whether to bring the contraband into the prison. The Defendant’s actions demonstrated intent and awareness, fulfilling the statutory requirements for the offense.