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State v. Montoya4/21/2005
nce of alcohol in Defendant's system four hours after the accident provided some evidence of alcohol in his system at the time of the accident inasmuch as there was no testimony of drinking after the accident. Evidence does not have to conclusively prove a proposition to be relevant. It is enough that the evidence have some tendency to make a fact in issue more or less probable than it would be without the evidence. See Rule 11-401 NMRA.
{22} The fact that the trial court excluded evidence of the actual result of the test on Rule 11-403 NMRA grounds did not mandate that evidence of the presence of alcohol was also too prejudicial. The admission or exclusion of evidence is reviewed for abuse of discretion. State v. Brown, 1998-NMSC-037, 32, 126 N.M. 338, 969 P.2d 313. The essence of a discretionary ruling is that it be not illogical, not unreasonable, and not contrary to facts and circumstances before the trial court. See Bursum v. Bursum, 2004-NMCA-133, 25, 136 N.M. 584, 102 P.3d 651 ("An abuse of discretion occurs when a ruling is clearly contrary to the logical conclusions demanded by the facts and circumstances of the case." (internal quotation marks and citation omitted)). In this case, not only can we not say that the trial court abused its discretion, but it appears to us that the trial court exercised a sound discretion and one, indeed, that was favorable to Defendant.
CONCLUSION
{23} We affirm Defendant's convictions and sentence.
{24} IT IS SO ORDERED.
LYNN PICKARD, Judge
WE CONCUR:
MICHAEL D. BUSTAMANTE, Chief Judge
MICHAEL E. VIGIL, Judge
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