Carlsbad man argued he was subjected to double jeopardy
The New Mexico Supreme Court today reinstated a conviction of a 58-year-old Carlsbad man for sexually assaulting a little girl.
The defendant, Adan M. Carrillo, already is in the Lea County prison for two other molestation convictions from the same case.
A jury in 2007 convicted Carrillo of two charges of sexual penetration of a minor and one count of criminal sexual contact of a minor. Then-District Judge Thomas Rutledge sentenced Carrillo to the maximum of 45 years in prison for the three felonies.
But in July 2011, the state Court of Appeals reversed one of Carrillo’s sexual penetration convictions, saying he had been subjected to double jeopardy.
Because jurors received identical instructions from Rutledge on the two sex-assault charges, Carrillo argued that they convicted him twice for the same conduct.
The Supreme Court disagreed. It reversed the Court of Appeals and affirmed Carrillo’s convictions in a 5-0 ruling.
The justices said there was sufficient evidence that Carrillo more than once committed a sex act on the child, who was his 5-year-old relative.
Therefore, the verdicts did not violate double jeopardy — a second prosecution for the same offense. Justice Richard Bosson wrote the decision for the Supreme Court.