State v. Santillanes6/29/2001
Following a jury trial, Defendant Nathan Santillanes was convicted of five counts of vehicular homicide, see NMSA 1978, § 66-8-101(C) (1991), four counts of child abuse resulting in death, see NMSA 1978, § 30-6-1(C) (1989, prior to 1997 amendment), one count of driving while intoxicated (DWI), fourth offense, see NMSA 1978, § 66-8-102(A), (G) (1994, prior to 1997 & 1999 amendments), one count of reckless driving, see NMSA 1978, § 66-8-113 (1987), and four other counts of various violations of the Motor Vehicle Code, NMSA 1978, § 66-1-1 to -8-141 (1978, as amended through 1996, prior to later amendment). On direct appeal, the Court of Appeals reversed the four convictions of child abuse resulting in death based on the principle of double jeopardy and the Court's interpretation of the general/specific statute rule. State v. Santillanes, 2000-NMCA-017, 1, 128 N.M. 752, 998 P.2d 1203, cert. denied, No. 26,173, and cert. granted, No. 26,170 (2000). This Court granted the State's petition for writ of certiorari to the Court of Appeals. We conclude that the Court of Appeals misapplied the general/specific statute rule. Therefore, we now reverse the Court of Appeals, reinstate the convictions for child abuse resulting in death, and remand to the district court with instructions to vacate four counts of vehicular homicide.
I. Facts and Procedural Background
On September 28, 1996, Defendant drove a vehicle down Highway 60 in Socorro County. Defendant's three children, his girlfriend, and her niece were passengers in the vehicle. As Defendant attempted to make a left hand turn at an intersection, his vehicle collided with an oncoming truck. All five passengers in Defendant's vehicle were killed as a result of the collision. Defendant had a blood alcohol level of .15 at the time of the accident, and Defendant admitted to the police that he consumed six beers during that day.
In relation to the five deaths, Defendant was convicted of nine counts of two forms of homicide, which included five counts of vehicular homicide and four counts of child abuse resulting in death. The district court sentenced Defendant to eighteen years imprisonment for each count of child abuse resulting in death and ordered three of these sentences to be served consecutively. Because Defendant had three prior DWI convictions, the district court sentenced Defendant to twelve years imprisonment for each count of vehicular homicide pursuant to Section 66-8-101(D). The district court ordered that all five vehicular homicide convictions, as well as six other counts for which Defendant was convicted, run concurrently with the three consecutive sentences for child abuse resulting in death. Accounting for consecutive and concurrent sentencing, as well as a habitual offender enhancement of four years imprisonment for two prior felony convictions, the district court ultimately sentenced Defendant to a total of fifty-eight years imprisonment.
II. The Court of Appeals' Rationale
Defendant appealed his convictions to the Court of Appeals. Defendant contended that his convictions of both vehicular homicide and child abuse resulting in death for the same four victims violated the double jeopardy protection against multiple punishments for the same offense.
In reviewing Defendant's contention, the Court of Appeals applied the two-part test set out by this Court in Swafford v. State, 112 N.M. 3, 13, 810 P.2d 1223, 1233 (1991), which asks first whether the underlying conduct of the accused for the violation of both statutes is unitary and second, if the conduct is unitary, whether the Legislature intended to establish separately punishable offenses. Santillanes, 2000
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