State v. Radosevich

DANIELS, Justice.

{1} The New Mexico tampering with evidence criminal statute, NMSA 1978, § 30-22-5 (2003), makes it a crime to hide or alter evidence of a crime. See § 30-22-5(A). The statutory penalty classifications vary from a petty misdemeanor to a third-degree felony, depending on "the highest crime for which tampering with evidence is committed." Section 30-22-5(B)(1)-(4). The penalty classification is a fourth-degree felony under Section 30-22-5(B)(2)"if the highest crime for which tampering with evidence is committed is a third degree felony or a fourth degree felony" and is a petty…