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State v. Sanchez7/26/1995
Appellants, Daniel Sanchez and Ronald Sanchez, were convicted of first-degree murder under NMSA 1978, Section 30-2-1(A) (Repl. Pamp. 1994), attempted first-degree murder with a firearm enhancement under NMSA 1978, Section 30-28-1(A) (Repl. Pamp. 1994), and conspiracy to commit first-degree murder under NMSA 1978, Section 30-28-2(A) (Repl. Pamp. 1994) and sentenced to life imprisonment under NMSA 1978, Section 31-18-16 (Repl. Pamp. 1994). On appeal, they contend that the trial court improperly denied their request to replace a juror, declare a mistrial, or order a new trial after defense counsel realized the juror's sister, a victims' advocate employed by the prosecuting attorney's office, was sitting with the victims' family during the trial. Appellants also contend that the trial court erred in denying their motion for a continuance that they requested in order to obtain expert testimony regarding the blood alcohol level of one of the victims and that the prosecutor made improper statements during rebuttal closing argument. Finally, they contend that they were denied effective assistance of counsel. We note jurisdiction under SCRA 1986, 12-102(A)(2) (Repl. Pamp. 1992), and affirm.
FACTS
Appellants were charged with shooting Ernest Charles Lovato and Vicente Lovato. According to evidence presented at trial, Appellants, after hearing about a fight between their uncle and the Lovatos, drove to Ernest Lovato's home; there Appellant Ronald Sanchez shot and killed Ernest Lovato, and Appellant Daniel Sanchez shot and seriously injured Vicente Lovato.
The crimes occurred in Valencia County, but due to a change of venue, Appellants' trial took place in Cibola County. Prospective jurors submitted completed questionnaires prior to trial. One juror, responding to the questionnaire, stated that her sister worked for the Cibola County district attorney's office. Later, responding to the trial court's questions about whether the panel members knew the district attorneys from both Grants and Los Lunas who were involved in the case, the prospective juror stated that she knew Ted Howden, one of the prosecutors, because her sister worked in his office. During voir dire, defense counsel did not question the prospective juror about her answers to the questionnaire, nor did defense counsel further inquire about the prospective juror's relationship to any of the district attorneys involved in the case. Defense counsel did not exercise a peremptory challenge to the juror, nor did they object to her presence on the jury at any time during the trial.
The prosecution's case included testimony by Dr. David Shammel, the pathologist from the Office of the Medical Investigator, who performed the autopsy on Ernest Lovato and testified that at his death he had a blood alcohol level of 0.160%. In addition, Vicente Lovato testified that he and his brother had gone to a local bar, were involved in a fight, and had just parked in the driveway of Ernest's home when Appellants pulled into the driveway. According to Vicente's testimony, Ronald Sanchez fired several shots through the driver's side door, killing Ernest, and Daniel Sanchez fired at Vicente, hitting him in the shoulder. On cross-examination, Vicente testified that he and his brother each consumed only part of two beers. The final witness for the prosecution was Dr. Turner Osler, who operated on Vicente the night he was shot. Dr. Osler testified by video deposition, and his report was admitted without objection at the time the jury heard his video deposition.
After the prosecution rested and following the testimony of the firs
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