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State v. Singleton6/5/2001
Defendant was convicted of breaking and entering and false imprisonment. On appeal, Defendant contends that there was insufficient evidence presented at trial to support his convictions. Defendant also claims that the trial court erred in excluding a juror because he had difficulty understanding English. Defendant claims that, due to the improper exclusion of the juror, he was deprived of his right to a jury representing a fair cross-section of the community. We affirm.
Facts
Defendant had a long-standing relationship with Sherrie Smith (Smith), the victim in this case, although the two did not live together. Defendant left Smith's home after an argument, and Smith locked the door after him. A short time later, when Smith refused to allow Defendant to re-enter her home, Defendant used a borrowed screwdriver to disable the lock and gain entry. Defendant and Smith proceeded to fight, on and off, for most of that night. There was testimony that Defendant struck Smith all over her body and face and that Smith stabbed Defendant in the arm and bit his nose. When Smith attempted to call police, Defendant ripped the telephone jack out of the wall so that she would be unable to call. Smith testified that she would have left after she tried to call the police, but Defendant threatened to use the screwdriver if she tried to leave. Due to Defendant's threat, Smith did not attempt to leave her home. Smith testified that, even if Defendant had not threatened her, she would not have left because she was in her home. After fighting for some additional time, both parties were tired and lay down until the next morning when the landlady came by the house. At that time, Defendant left and the landlady called the police.
On September 24, 1999, after a jury had been selected and sworn in this case, Juror Alajandro Dominguez asked to speak to the trial judge. Defense counsel, the State's counsel, and Defendant were present. Juror Dominguez told the trial judge that he did not understand everything that had been said up to that point because his English was "not perfect." The trial judge sent Juror Dominguez back to the jury room while he and the parties discussed the problem. The trial judge explained that, under the New Mexico Constitution, a juror could not be excused because of an inability to speak English, but if Juror Dominguez remained on the jury, it would be necessary to furnish an interpreter "to both sit in the courtroom with him and to go in the jury room." The trial judge stated that no interpreter was available and proposed that the juror be allowed to leave. When the trial court asked if either side objected to excusing Juror Dominguez, both the State's attorney and defense counsel stated that they had no objection. Juror Dominguez was excused, and the alternate juror was substituted.
The jury convicted Defendant of breaking and entering and false imprisonment. For the first time on appeal, Defendant argues that the excusal of the juror deprived him of a jury that represented a fair cross-section of the community. Defendant also argues that there was insufficient evidence presented at trial to support his convictions.
Right to Jury Representing Fair Cross-Section of Community
On January 26, 2000, after the trial in this case ended, our Supreme Court issued an order denying a writ of prohibition which clarified the requirements of the New Mexico Constitution, Article VII, Section 3, see State ex rel. Martinez v. Third Judicial Dist. Court, Vol. 39, No. 7, SBB 12 (N.M. 2000) [attached as an appendix to this opinion]. In the order, the Supreme Court explained the prohibition against the automatic exclusion of non-English speaking j
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