FORMAL OPINION

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Filing Date: 6/30/2023

No. A-1-CA-39367

STATE OF NEW MEXICO, Plaintiff-Appellee, v.

JODIE JOHNSON, JR., Defendant-Appellant,

Appeal From The District Court Of

BERNALILLO COUNTY

Daniel Gallegos, District Court Judge

Raúl Torrez, Attorney General

Benjamin Lammons, Assistant Attorney Genera

Santa Fe, NM for Appellee

Bennett J. Baur, Chief Public Defender

Carrie Cochran, Assistant Appellate Defender

Santa Fe, NM for Appellant

 Introduction of Opinion

Following a jury trial, Defendant Jodie Johnson, Jr. appeals his convictions of four counts of battery against a household member, contrary to NMSA 1978, Section 30-3-15 (2008); and one count of false imprisonment, contrary to NMSA 1978, Section 30-4-3 (1963), perpetrated against Defendant’s then-wife (Victim). Defendant contends that the district court erred when it admitted evidence of uncharged bad acts under Rule 11-404(B) NMRA and Rule 11-403 NMRA. The evidence admitted involved prior acts of domestic violence by Defendant against Victim and forced prostitution of Victim by Defendant before and during their marriage. Defendant argues that this evidence is propensity evidence that should have been excluded by the district court under Rule 11-404(B) and, even if admissible under Rule 11-404(B)(2), the district court abused its discretion by failing to exclude it under Rule 11-403 because its probative value is substantially outweighed by unfair prejudice. We conclude that the district court did not abuse its discretion in admitting this evidence. Defendant also appeals his sentence. View full PDF online.

Jane B. Yohalem, Judge

WE CONCUR:

Jennifer L. Attrep, Chief Judge

Zachary A. Ives, Judge

To read the entire opinion, please visit the following link: https://bit.ly/A-1-CA-39367