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State v. Coffin10/6/1999
he State that Coffin told him to keep his mouth shut, that if he got arrested Coffin promised to bail him out, and that Coffin offered to buy Saldana an airline ticket to get out of town. Coffin, however, relies on Saldana's testimony on cross-examination that "it could be" that Coffin was trying to help protect Saldana, due to their friendship, from possible retaliation by the Lomas Trece gang. Coffin claims that Saldana's testimony on cross-examination supports an inference that Coffin's promise to buy Saldana an airline ticket was not for the purpose of having Saldana testify falsely or to have him abstain from testifying. See § 30-24-3(A)(1). Coffin misapprehends the proper appellate inquiry for a claim of sufficiency of the evidence. As stated above, we do not weigh the evidence or attempt to draw alternative inferences from the evidence. While Saldana's conjecture about Coffin's possible motive might support an inference favorable to Coffin, the jury was free to reject Coffin's explanation of his actions and to draw its own inferences based on the evidence. On appeal, we indulge all permissible inferences in favor of upholding the conviction. Viewing the evidence in a light most favorable to the State, we conclude that there is sufficient evidence in the record for a rational jury to find each element of the crime of bribery of a witness beyond a reasonable doubt.
VI. Conclusion
{78} We conclude that the trial court properly denied Coffin's requested jury instructions related to his claims of self-defense and provocation and did not err in responding to the jury's question concerning premeditation. We also conclude that the trial court did not err in its evidentiary rulings. There was probable cause for the State to seek the death penalty, and Coffin failed to establish that the State's decision to seek the death penalty was a result of prosecutorial vindictiveness. Additionally, the trial court did not abuse its discretion in excusing a witness for cause due to her responses concerning the death penalty. The delay in the commencement of trial in this case did not violate Coffin's right to a speedy trial. Finally, we conclude that there is sufficient evidence in the record to support Coffin's convictions of first degree murder and bribery of a witness. Given our Conclusion that the trial court committed none of the errors claimed, we reject Coffin's argument that cumulative error requires reversal. See State v. Telles, 1999-NMCA-013, 26, 126 N.M. 593, 973 P.2d 845. We affirm Coffin's convictions.
{79} IT IS SO ORDERED.
PATRICIO M. SERNA, Justice
WE CONCUR:
PAMELA B. MINZNER, Chief Justice JOSEPH F. BACA, Justice GENE E. FRANCHINI, Justice PETRA J. MAES, Justice
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