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   State Courts - New Mexico - March 27 - April 6, 2007

  
State v. Granado, Docket No. 26,469, COURT OF APPEALS OF NEW MEXICO, March 27, 2007, Filed
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Overview: Although defendant failed to appear for his DWI trial, no bench warrant was issued for his arrest and defendant was not arrested for failure to appear. Thus, the latest triggering even under N.M. R. Ann. 7-506(B) was defendant's arraignment, and since more than 182 elapsed prior to the trial, the complaint had to be dismissed under R. 7-506(E).

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State v. Tave, Docket No. 25,906, COURT OF APPEALS OF NEW MEXICO, March 27, 2007, Filed
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Overview: Under the plain language of N.M. Stat. Ann. § 31-18-17(D)(1), calculation of the ten-year period began from the date of defendant's current conviction for possession of firearm by a felon and aggravated battery; calculation did not start from the date of his re-sentencing. Thus, defendant's second prior felony was included for sentence enhancement.

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N.M. Petroleum Marketers Ass'n v. N.M. Envtl. Improvement Bd., Docket No. 24,841 Consolidated with No. 25,420, COURT OF APPEALS OF NEW MEXICO, April 2, 2007, Filed
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Overview: To protect employees in convenience store industry from criminal acts, New Mexico Environmental Improvement Board (EIB) had authority to adopt regulations, pursuant to the New Mexico Occupational Health and Safety Act, because regulations were not unconstitutionally vague, and delegation of authority to EIB did violate separation of powers.

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State v. Trujillo, Docket No. 29,943, SUPREME COURT OF NEW MEXICO, April 3, 2007, Filed
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Overview: Upon the revocation of defendant's probation for domestic offenses, the State was permitted to seek a habitual offender enhancement; the original plea agreement was not violated. Double jeopardy did not limit the trial court's jurisdiction to enhance defendant's sentence under N.M. Stat. Ann. § 31-18-20(C).

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State ex rel. Human Servs. Dep't v. Jackson, Docket No. 25,453, COURT OF APPEALS OF NEW MEXICO, April 4, 2007, Filed
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Overview: The Uniform Interstate Family Support Act (UISFA), N.M. Stat. Ann. § 40-6A-100 et seq. (2005), supplemented the New Mexico Human Services Department's (HSD's) authority under the Public Assistance Act. The HSD, therefore, had the authority to bring an action to modify a child support obligation of a noncustodial parent under the UIFSA.

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State v. Bounds, Docket No. 25,448, COURT OF APPEALS OF NEW MEXICO, April 4, 2007, Filed
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Overview: In view of a United States Supreme Court decision striking down California's determinate sentencing law, which was similar to New Mexico's determinate sentencing law, defendant's sentence for second-degree murder as an accessory to the murder that was aggravated by five years violated the Sixth Amendment.

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State v. Trudelle, Docket No. 25,476, COURT OF APPEALS OF NEW MEXICO, April 4, 2007, Filed
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Overview: Because protective sweep of defendants' residence was illegal, as officers did not articulate any facts indicating a threat to their safety or to preservation of evidence that would justify entering premises, and search warrant contained tainted information obtained during sweep, suppression of evidence obtained pursuant to warrant was required.

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Campos v. Bravo, Docket No. 29,752, SUPREME COURT OF NEW MEXICO, April 5, 2007, Filed
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Overview: Inmate was entitled to habeas corpus relief from his felony murder conviction where the jury was instructed to consider either aggravated battery or aggravated burglary as the predicate felony, and aggravated battery could not be used as the predicate felony.

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Roark v. Farmers Group, Inc., Docket No. 26,400 AND Docket No. 24,287, COURT OF APPEALS OF NEW MEXICO, April 5, 2007, Filed
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Overview: A judgment in favor of an insurer on a bank's claim seeking recovery under an automobile policy was affirmed as the trial court had properly denied the bank's motion to amend the complaint and ruled on the evidence. An order consolidating a second action with the first was improper under N.M. R. Ann. 1-042(A) as the first action was on appeal.

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State v. Barreras, Docket No. 25,927, COURT OF APPEALS OF NEW MEXICO, April 6, 2007, Filed
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Overview: Where defendant damaged a vehicle, sufficient evidence supported his conviction for criminal damage to property because, under N.M. Stat. Ann. § 30-15-1 and N.M. R. Ann. 14-1510, the State could rely on cost of repair evidence, and the amount of damage could be assessed without determining the before and after value of the property.

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