Opinion
A-1-CA-41113
05-20-2024
STATE OF NEW MEXICO, Plaintiff-Appellant, v. ERNEST CLAH, Defendant-Appellee.
Raúl Torrez, Attorney General Benjamin Lammons, Assistant Attorney General Santa Fe, NM for Appellant Bennett J. Baur, Chief Public Defender Melanie C. McNett, Assistant Appellate Defender Santa Fe, NM for Appellee
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APPEAL FROM THE DISTRICT COURT OF MCKINLEY COUNTY R. David Pederson, District Court Judge
Raúl Torrez, Attorney General Benjamin Lammons, Assistant Attorney General Santa Fe, NM for Appellant
Bennett J. Baur, Chief Public Defender Melanie C. McNett, Assistant Appellate Defender Santa Fe, NM for Appellee
DISPOSITIONAL ORDER
SHAMMARA H. HENDERSON, JUDGE
The State appeals from the district court's order dismissing a charge of child abuse by endangerment, contrary to NMSA 1978, Section 30-6-1(D) (2009), against Defendant and amending the criminal information to charge Defendant with driving while intoxicated with a minor in the vehicle, contrary to NMSA 1978, Section 66-8-102.5 (2019) (DWI with a minor). We note the following:
1. On appeal, the State asserts that the district court improperly applied the general/specific statute rule to the child abuse by endangerment and DWI with a minor statutes.
2. While these proceedings were pending, this Court issued an opinion in State v. Saltwater, holding that the general/specific statute rule does not apply to prosecutions where the facts support both charges of DWI with a minor and child abuse by endangerment. 2024-NMCA-018, ¶ 1, 542 P.3d 783.
3. Defendant concedes that Saltwater resolves the issue of law presented in this case, but asserts that the general/specific statute still applies because, at the time of filing his answer brief, the New Mexico Supreme Court had not yet decided whether to grant certiorari in Saltwater.
4. The New Mexico Supreme Court denied certiorari in both cases consolidated for purposes of decision in Saltwater. Id., cert. denied, 2024-NMCERT-001 (S-1-SC-40116), 2023-NMCERT-012 (S-1-SC-40117).
5. This Court concludes that the issue of law presented in this case was addressed by the Court's opinion in Saltwater. See id.
6. This Court has sufficiently considered the foregoing and is otherwise sufficiently advised.
7. We reverse and remand to the district court for further proceedings in accordance with Saltwater. See id.
IT IS SO ORDERED.
WE CONCUR J. MILES HANISEE, Judge, JACQUELINE R. MEDINA, Judge