State v. Jackson

OPINION

BOSSON, Justice.

{1} Interpreting New Mexico’s tampering with evidence statute, NMSA 1978, § 30-22-5 (2003), our Court of Appeals held that Defendant Clarence Jackson must have tampered with evidence of a separate, underlying crime, as opposed to evidence of a mere probation violation, and overturned his conviction. We analyze the wording, purpose, and history of our tampering statute, and reach a different conclusion. We hold that the crime of tampering with evidence is complete when the accused commits an act of tampering with the requisite specific intent to prevent the apprehension,…