State v. Felix Ruiz

NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Hillsborough-northern judicial district No. 2016-0118 THE STATE OF NEW HAMPSHIRE v. FELIX RUIZ Argued: October 19, 2017 Opinion Issued: January 31, 2018 Ann M. Rice, deputy attorney general (Susan P. McGinnis, senior assistant attorney general, on the brief and orally), for the State. Stephanie Hausman, deputy chief appellate defender, of Concord, on the brief and orally, for the defendant. DALIANIS, C.J. The defendant, Felix Ruiz, appeals his conviction by a jury of misdemeanor receipt of stolen property; namely, a United States passport belonging to an African-American woman named “Cecilia Francis Riley.” See RSA 637:7 (2016). On appeal, he argues that the Superior Court (Smukler, J.) erred when it: (1) denied his motion to suppress certain evidence, including his post-Miranda confession, see Miranda v. Arizona, 384 U.S. 436 (1966); and (2) denied his motion to dismiss based upon insufficiency of the evidence. We affirm. I. Facts We accept the trial court’s findings where supported by the record of the suppression hearing. State v. Morrill, 169 N.H. 709, 711 (2017). For the purpose of determining the sufficiency of the evidence, we also consider facts adduced at trial that support the jury’s verdict. See id. at 711-12. In May 2015, the defendant accompanied Juan Manuel Soto Guzman to the Manchester office of the State Division of Motor Vehicles (DMV) so that Guzman could obtain a New Hampshire driver’s license under the name “Angel Berrios Rivera.” The defendant knew Guzman and was aware that Guzman is not, in fact, “Angel Berrios Rivera.” Before accompanying Guzman to the Manchester DMV, the defendant performed what he called a “background” on “the Angel Berrios Rivera identity,” and provided the information he collected about that identity to Guzman in exchange for money. The defendant then drove Guzman to the Manchester DMV and filled out the driver’s license application in the “Angel Berrios Rivera” name for Guzman. Among the documents that the defendant submitted with Guzman’s application were: (1) a social security card in the “Angel Berrios Rivera” name; (2) a birth certificate for “Angel Berrios Rivera”; and (3) a lease agreement between “Angel Berrios Rivera” and a landlord. With respect to the lease agreement, the defendant signed it on behalf of the “landlord” and gave his own cellular telephone number as the landlord’s telephone number. The defendant said that he knew that “the real Angel Rivera . . . was not aware that [the ...

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