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State v. Andrews1/14/1997
BOSSON, Judge.
Defendant George Andrews appeals his conviction for concealing identity, contrary to NMSA 1978, Section 30-22-3 (Repl. Pamp. 1994). He raises two issues on appeal. The first challenges the sufficiency of evidence to support the conviction and the trial court's interpretation of the statutory term "identity." The second argues that the statute is unconstitutionally vague as applied to the facts in this case. This appeal presents us with an opportunity to address a reservation expressed in Nagol v. State, 923 F. Supp. 190, 196 n.3 (D.N.M. 1996), concerning the constitutionality of Section 30-22-3. We affirm the trial court in both respects.
BACKGROUND
On July 4, 1994, after a brief pursuit, New Mexico State Police officers stopped Defendant for driving 66 miles per hour (mph) in a 35-mph zone. Upon a request by the officers, Defendant gave his full name, but did not produce a driver's license. The officers asked Defendant for his address, date of birth, and social security number which Defendant failed to disclose. At trial, there was a dispute over whether the officers allowed Defendant a reasonable opportunity to provide the requested information. One officer testified that, in his opinion, Defendant had "simply refused" to provide the information and was being uncooperative. It did not appear to the officer that Defendant was nervous or could not remember. The officers testified that they were trying to get enough identifying information to check Defendant's driver's license and to confirm that Defendant was who he said he was. According to one officer's testimony, Defendant did not offer any explanation for why he was unable to supply the additional information. It was later determined that Defendant had been driving with a revoked license. Defendant contends that he was nervous and was trying to remember a new address when the officer ended the Discussion and proceeded to field sobriety tests. Defendant acknowledged that he was aware he got off on the "wrong foot" with the officers and that they thought he was trying to conceal information. Later, Defendant refused to take a breath test.
Defendant was eventually charged with aggravated driving while intoxicated, reckless driving, and concealing identity under Section 30-22-3. He was found guilty on all charges. Additionally, Defendant pleaded guilty to driving with a revoked license and having no proof of financial responsibility. Defendant appeals only his conviction for concealing identity.
THE MEANING OF THE STATUTE AND SUFFICIENCY OF THE EVIDENCE
The concealing identity statute, Section 30-22-3, provides:
Concealing identity consists of concealing one's true name or identity, or disguising oneself with intent to obstruct the due execution of the law or with intent to intimidate, hinder or interrupt any public officer or any other person in a legal performance of his duty or the exercise of his rights under the laws of the United States or of this state.
Whoever commits concealing identity is guilty of a petty misdemeanor.
The statute makes it an offense to conceal one's name or identity. Defendant argues that name is synonymous with identity and because he gave his true name, he satisfied the statute. We disagree.
Identity is not limited to name alone. The use of the disjunctive word "or" indicates that failing to give either name or identity may violate the statute. See ) (construction of a statute using disjunctive "or"). There would be no reason for the legislature to include the word "identity" if it carried the same meaning as "name." A statute should be construed so that no part of it is rendered surpl
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