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State v. Simpson11/24/1993
Opinion
Russell Simpson was convicted by a jury of two counts of homicide by vehicle (vehicular homicide) and one count of great bodily injury by vehicle under NMSA 1978, Subsections 66-8-101(A) and (B) (Cum.Supp.1993). He appealed to the New Mexico Court of Appeals, which assigned his case to the summary calendar and in two successive calendar notices proposed summary affirmance. Simpson responded to the first calendar notice but not the second, and the Court of Appeals affirmed the convictions in an unpublished memorandum opinion. Simpson then petitioned this Court for a writ of certiorari, asserting that the statute under which he was convicted was unconstitutional as applied in his case. He raised various other questions for review by this Court on certiorari, including the constitutionality of the summary calendar procedure utilized by the Court of Appeals, as authorized by Rule 12-210 of our Rules of Appellate Procedure, SCRA 1986, 12-210 (Repl.Pamp.1992). We granted the petition under NMSA 1978, Section 34-5-14(B) (Repl.Pamp.1990), to consider the questions of constitutionality and substantial public interest raised by Simpson's petition.
In addition to the briefs filed in this Court by the parties, extensive amicus curiae briefs, with supplements, were filed by the New Mexico Public Defender, the New Mexico Criminal Defense Lawyers Association
(both attacking the summary calendar system), and the law firm of Jones, Snead, Wertheim, Rodriguez & Wentworth (defending the summary calendar system). Despite the parties' and amici's able briefs, we have concluded, for the reasons given later in this opinion, that this case does not provide an appropriate occasion to address the constitutionality of the summary calendar procedure. On the merits, we hold that the vehicular homicide and great bodily injury by motor vehicle statute is not unconstitutional as applied in this case. We also reject Simpson's other claims of error by the trial court and, accordingly, affirm the convictions.
The facts in the case are relatively simple and straightforward -- although they are accompanied by the tragic consequences of lost, damaged, and at least partially ruined lives that all too often attend an instance of driving while intoxicated. On December 17, 1990, Simpson was driving east in a Chevrolet station wagon on North Main Street in Las Cruces, New Mexico. His fiance, Heather Paula Silvers; his fiance's daughter, Brandi Silvers; and his fiance's friend, Susan Figueroa, were passengers in the vehicle. As Simpson entered the intersection of Main Street and Solano, Julian Sandoval, who was driving west on Main Street, was making a left turn from Main Street onto Solano. There is some dispute over whether Simpson entered the intersection of Main Street and Solano on a green or yellow light, but in any event the two vehicles collided and Simpson's car careened into the traffic signal pole. Brandi Silvers and Susan Figueroa died from the impact, and Heather Paula Silvers suffered permanent impairment of brain functions.
Simpson was charged with two counts of homicide by motor vehicle and one count of great bodily injury by motor vehicle. He stipulated that his blood alcohol content was between .07 and .13 at the time of the collision. There was other evidence from which the jury could have inferred that Simpson was under the influence of intoxicating liquor. The speed limit at the intersection of Main Street and Solano was 35 miles per hour. There was other evidence enabling the jury to find that he was speedin
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