State v. Grace9/10/1999
{1} Defendant Joseph Grace appeals his conviction for driving while intoxicated (DWI), arguing that he was entitled to a jury trial in district court. Defendant also claims that there was insufficient evidence to prove "driving activity." We hold that Defendant was entitled to a jury trial in the district court and therefore reverse his conviction and remand for a new trial. Because the State could not retry Defendant if it produced insufficient evidence in district court, we address the issue and hold that the State presented sufficient evidence of driving activity.
Procedural History
{2} The State charged Defendant in magistrate court with DWI, second offense, contrary to NMSA 1978, § 66-8-102(F) (1997), and driving with a suspended or revoked license. Prior to trial, the State dismissed the latter charge. The jury convicted Defendant of DWI, and the magistrate court sentenced Defendant for DWI, second offense. The magistrate court sentenced Defendant to 364 days in jail, with 360 days suspended, and ordered probation, community service, fines, and counseling. Defendant appealed his conviction to the district court for a trial de novo. See NMSA 1978, § 35-13-2(A) (1996); Rule 6-703(A) NMRA 1999.
{3} On the eve of trial in district court, Defendant filed a motion reaffirming his right to a jury trial and requesting a jury trial. At argument prior to trial, the State countered that even though Defendant had been convicted of DWI, second offense, under State v. Anaya, 1997-NMSC-010, 25, 123 N.M. 14, 933 P.2d 223, proof of prior DWI convictions is not an element of the offense; therefore the prior conviction is only important for sentencing. The State claimed that the charge presented was only a DWI "basic charge," which carries a maximum penalty of ninety days and that Defendant was therefore not entitled to a jury trial. Defendant argued that because the conviction from which he appealed was DWI, second offense, he was entitled to a jury trial in district court. The court denied Defendant's motion and the case proceeded to a bench trial.
{4} The district court found Defendant guilty of DWI and sentenced Defendant for DWI, first offense. The court sentenced Defendant to two days jail time, fines, and probation. Defendant appeals to this Court, arguing that he has a constitutional right to a jury trial.
Defendant's Right to a Jury Trial
{5} In State v. Sanchez, 109 N.M. 428, 429, 786 P.2d 42, 43 (1990), our Supreme Court examined the Sixth Amendment to the United States Constitution guarantee of an accused's right to trial "by an impartial jury." This provision is applicable to the states through the Fourteenth Amendment to the United States Constitution. See Duncan v. Louisiana, 391 U.S. 145, 149 (1968). In Duncan, the United States Supreme Court distinguished between petty offenses and serious crimes. See id. at 159; accord Sanchez, 109 N.M. at 429-30, 786 P.2d at 43-44. Subsequently, in Baldwin v. New York, 399 U.S. 66 (1970), the United States Supreme Court applied an objective measure and determined that "serious crime" meant an offense which subjected the defendant to a "potential sentence in excess of six months' imprisonment." Id. at 69 n.6. Thus, when the statute or statutes under which a defendant is charged pose a potential loss of liberty exceeding six months, the defendant has a constitutional right to jury trial. See Sanchez, 109 N.M. at 432, 786 P.2d at 46.
{6} In the case on appeal, the criminal complaint in magistrate court charged Defendant with DWI, second offense. As so charged, Defendant faced maximum imprisonment of 364 days. See § 66-8-102(F). Indeed, the magistrate court impos
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