Summary
The New Mexico Supreme Court held that the general public is not presumptively granted permission to enter unposted private land under New Mexico's criminal trespass statute. The court concluded that circumstantial evidence, including a three-foot wall, the defendant's purpose in entering the property, and the time of entry, supported the jury's finding that Trevor Merhege knew he lacked permission to enter. The court reversed the Court of Appeals and ordered reinstatement of Merhege's criminal-trespass conviction.
Topics
Practice areas
Questions Presented
- Whether, under NMSA 1978, Section 30-14-1(B), the general public is presumptively granted permission to enter unposted private land.
- Whether substantial evidence supported the jury's finding that Merhege knew he lacked consent to enter the unposted property.
Holdings
- The general public is not presumptively granted permission to enter unposted private land. For purposes of criminal trespass under Section 30-14-1(B), permission depends on the circumstances of the individual's entry, and posting at all vehicular access entryways is not the exclusive means of providing notice that consent to enter has been denied.
- Substantial circumstantial evidence supported the jury's finding that Merhege knew he was not permitted to enter the property, including the wall enclosing the front yard, the 3:40 a.m. timing of the entry, and his purpose of evading pursuit.
Key quotations
“We conclude that as a matter of law the general public is not presumptively granted permission to enter upon unposted lands, but instead permission to enter unposted lands depends on the circumstances of the individual’s entry.” (2017-NMSC-016, ¶ 6)
“Because there was substantial evidence to support Merhege’s conviction for criminal trespass, we reverse the Court of Appeals and order the district court to reinstate his conviction.” (2017-NMSC-016, ¶ 15)
Factual background
At approximately 3:40 a.m., Trevor Merhege ran through the front yard of a private residence while being pursued by a police officer. The property was not posted with no-trespassing signs, but a three-foot-high brick wall enclosed the front yard, and Merhege entered the yard while attempting to evade pursuit and climb a fence. A jury convicted him of criminal trespass, finding sufficient circumstantial evidence that he knew he lacked permission to enter.
Procedural history
Merhege was convicted by a jury of criminal trespass. The Court of Appeals reversed, holding that because the property was unposted and lacked explicit warnings, Merhege and the public were presumptively permitted to enter. The New Mexico Supreme Court granted certiorari, reversed the Court of Appeals, and ordered the district court to reinstate the conviction.
Remand instructions
The district court was ordered to reinstate Merhege's criminal-trespass conviction.