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State v. Guzman6/2/2004
e inferred from an accused's acts, conduct, and words). Agent Blakeney, one of the investigating agents, testified that he found a partial twelve pack of Budweiser and motor vehicle parts in a bag in Defendant's home. Defendant told Blakeney that Simmons had removed the beer cans from the grille of her truck. Simmons denied removing the beer cans from Defendant's grille even though his fingerprints were found on one of the cans and on the bumper of Defendant's vehicle. From this evidence, the jury could reasonably conclude that Defendant placed the articles in her home or assisted Simmons in doing so with the requisite intent. We will not reweigh the evidence. See State v. Rojo, 1999-NMSC-001, 26, 126 N.M. 438, 971 P.2d 829 (stating that jury could infer intent to tamper with evidence from physical and circumstantial evidence presented at trial). There is sufficient evidence to support each element required to sustain Defendant's conviction for tampering with evidence.
Finally, while mentioning that she contested the sufficiency of the evidence for the aggravated driving while intoxicated conviction, Defendant failed to make the argument in her brief in chief. Therefore, the issue is deemed abandoned. See State v. Ciarlotta, 110 N.M. 197, 201, 793 P.2d 1350, 1354 (Ct. App. 1990) (stating that issues not argued in the brief in chief are deemed abandoned).
Conclusion
We hold that the district court did not err in denying Defendant's motion to dismiss for the State's failure to comply with Rule 5-604 and that the evidence was sufficient to support her convictions. Accordingly, we affirm the district court's judgment and sentence.
IT IS SO ORDERED.
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