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State v. Dawson4/8/1999
Defendant appeals his conviction for concealing identity, contrary to NMSA 1978, Section 30-22-3 (1963). He raises a variety of issues, which we consolidate into the following four groupings: (1) whether the district court correctly interpreted the requirements of Section 30-22-3; (2) whether there was sufficient evidence to convict him; (3) whether his constitutional rights were violated; and (4) whether jurisdiction was proper. We affirm.
BACKGROUND
On September 12, 1997, Officer Nina Fox of the University of New Mexico (UNM) police department was on routine patrol duty in full uniform in UNM's north parking area. She saw a Dodge pickup with a camper shell parked on UNM property on a dirt lot north of 1213 University Avenue. The vehicle had neither a license plate nor a UNM parking sticker. Fox observed Defendant in the camper, lying in bed reading. She intended to ask him to remove the vehicle from UNM property but wanted to assure herself that he could legally drive the vehicle. After identifying herself, she asked Defendant to get out of the camper and speak with her. Defendant declined to leave the camper but came to the window. Fox requested him to produce his vehicle registration and insurance and a picture identification. Defendant refused. Fox explained to him that he was on UNM property and again asked to see the documents. Defendant said that she had no justification to ask for that information and closed the camper window. Fox then called for assistance.
When UNM police Sergeant Dewey Fowler arrived at the scene, also in uniform, he knocked on the door of the camper with his baton. Defendant eventually responded. Fowler asked him two or three times to identify himself. Finally, Defendant gave what he termed his "nativity" date and stated his name as "Mr. Dawson." He refused to get out of his camper and said that the officers could not trespass on his property. He claimed that the land was owned by a church. The officers told him that he was on UNM property and needed a permit to park where he was. He asked to see a map, but the officers did not have one with them. No signs on the dirt lot identified it as UNM property or stated that a UNM permit was required to park there. On a building adjacent to the lot, however, was a sign that said "University of New Mexico."
Fowler called for additional backup. Corporal William Flint of the UNM police responded. He, too, was in full uniform. He approached the camper, told Defendant why the officers needed the information, and requested that Defendant supply it. After refusing at first, Defendant provided his first name, then eventually his full name. Defendant asked Flint at least twice to show him signs, maps, or other indications that the property belonged to UNM.
Defendant was charged with criminal trespass, resisting an officer, and concealing his identity. After a jury trial in metropolitan court, Defendant was convicted of concealing his identity; he prevailed on a motion for directed verdict on the other charges. The district court affirmed the conviction after a trial de novo, pursuant to NMSA 1978, Section 34-8A-6(D) (1993). This appeal followed.
INTERPRETATION OF SECTION 30-22-3
Section 30-22-3 states:
"Concealing identity consists of concealing one's true name or identity, or disguising oneself with intent to obstruct the due execution of the law or with intent to intimidate, hinder or interrupt any public officer or any other person in a legal performance of his duty or the exercise of his rights under the laws of the United States or of this state. "Whoever commits concealing identity is guilty of a petty misdemeanor."
De
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