dissenting.
I respectfully dissent. I believe that the jury instruction as given sufficiently conveyed the essential elements of NMSA 1978, Section 66-8-3(D).
To alter means “to become different; change.” Webster’s New World Dictionary 40 (2d ed. 1980). The associated concepts to alter listed in a legal thesaurus include “alter a document, alter a will, forgery, fraud.” W. Burton, Legal Thesaurus 21 (1980). As stated by the court of appeals’ majority opinion below: “In the context of items with legal significance, the common meaning of an alteration is a change in the legal significance or effect of the item. Webster’s New International Dictionary, Unabridged, 76 (2d ed. 1955).” In view of the fact that there is no legal way provided by statute or otherwise in which a license plate can be altered, I contend that the very definition of alter, as used in a legal context, presumes an intent to defraud.
The majority concedes that the purpose of Section 66-8-3(D) is to create an offense for the use of a registration plate that has been altered with fraudulent intent. In other words, the legislature intended to prohibit the alteration and subsequent use of an altered license plate. To hold otherwise makes a nullity of the statute.
The jury instruction as given substantially follows the language of the statute and adequately conveyed what was required for a conviction. See State v. Gunzelman, 85 N.M. 295, 512 P.2d 55 (1973); State v. Puga, 85 N.M. 204, 510 P.2d 1075 (Ct.App.1973). Therefore, I believe the defendant’s felony convictions for holding or using an altered license plate in violation of Section 66-8-3(D) should be upheld.