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State v. Landgraf1/11/1996
BLACK, Judge.
{1} On July 13, 1992, Charles Landgraf (Defendant) drank some beer after work. Early that evening he drove his sports car south on Highway 70 from Clovis toward Portales. A New Mexico State Police Officer clocked Defendant travelling in excess of 100 miles per hour. A high speed chase ensued covering twenty miles and involving numerous law enforcement personnel. A car with six occupants attempted to turn across Highway 70 and collided with Defendant. Three of the occupants of the other vehicle died and Defendant was charged in a seventeen-count criminal information.
{2} The jury found Defendant guilty of: three counts of vehicular homicide; three counts of evading and eluding a police officer resulting in death; and possession of under one ounce of marijuana. On appeal, Defendant challenges his convictions, arguing the district court erred in: (1) denying a change of venue; (2) refusing a preemptory juror challenge; (3) admitting challenged testimony; (4) aggravating Defendant's sentences; (5) refusing to allow good-time credit for the period preceding trial; and (6) allowing two manslaughter convictions on each death. We affirm the district court on all but Defendant's last issue and remand for resentencing.
I. Facts
{3} On July 13, 1992, Defendant and a co-worker went from Clovis to Artesia to check on a construction job. On their return, they drank some beer. Shortly after 8:00 p.m., Defendant decided to drive to Portales to see his girlfriend.
{4} As Defendant drove his sports car southbound on Highway 70, New Mexico State Police Officer Kevin Boyd was travelling northbound. Officer Boyd clocked Defendant's vehicle at 104 miles per hour. He immediately turned his unit around, engaged his lights and pursued Defendant's car. A deputy sheriff joined the pursuit. The highway between Clovis and Portales is a four-lane highway divided by a median. Before reaching Portales, Defendant's car crossed the median, turned around, and headed back toward Clovis. As he approached the intersection of Highway 70 and Diane Street, Defendant changed lanes. Sheila Perkins was driving a car going toward Portales and made a left turn onto Diane Street. She had five passengers. The two cars collided. Three children who were passengers in the car, Cory Johnson, Dontrel Perkins, and Denny Castro, were killed. Sheila Perkins, Sherry Castro, Andrew Johnson, and Defendant all sustained injuries in the accident. Shortly after the accident, Defendant's blood alcohol concentration was determined to be .13 percent.
{5} At trial, Defendant introduced evidence that previously he had suffered spinal and head injuries in an industrial accident. Thereafter, he had massive headaches and had been diagnosed as having a fifty percent whole body impairment. Defendant's trial experts were a neuropsychologist and a psychologist who both testified that these prior head and cervical injuries, combined with the alcohol consumption, made Defendant legally insane on the night of the fatal wreck. The State brought in an expert who disagreed.
{6} In addition to the guilty verdicts, the jury found Defendant not guilty on three counts of first degree murder, assault with the intent to commit a violent felony upon an officer, and great bodily injury by motor vehicle.
II. The District Court Did Not Abuse Its Discretion in Denying a Change of Venue
{7} Prior to trial, Defendant moved for a change of venue and provided the court a random selection survey of local attitudes toward Defendant and the trial. The district court denied Defendant's motion. Recognizing the holding of , Defendant concedes "that the Trial Court has broad discr
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