Legal Opinion
State v. Armijo
New Mexico Court of Appeals
Decided June 28, 1977No. 2937PublishedCited by 23 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Defendant appeals his convictions of kidnapping and CSP II (Criminal sexual penetration in the second degree). We reverse each conviction, discussing: (1) false imprisonment as a lesser offense included within the kidnapping charge, and (2) amendment of the CSP II charge after the evidence was closed.
False Imprisonment as a Lesser Included Offense Within the Kidnapping Charge
The indictment charged kidnapping by holding the victim to service against the victim’s will. Section 40A-4-l(A), N.M.S. A.1953 (2d Repl. Vol. 6, Supp.1975) reads: “A. Kidnaping is the unlawful…
2Cases cited9 opinions
- State v. CrumpNew Mexico Supreme Court · 1971
- State v. ClarkNew Mexico Supreme Court · 1969
- State v. SandovalNew Mexico Court of Appeals · 1977
- State v. MedinaNew Mexico Court of Appeals · 1975
- State v. TrivittNew Mexico Supreme Court · 1976
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. FishNew Mexico Court of Appeals · 1985
- State v. ThompsonIdaho Supreme Court · 1980
- State v. CastenedaNew Mexico Court of Appeals · 1982
- State v. GarciaNew Mexico Court of Appeals · 1983
- State v. TateSupreme Court of Connecticut · 2001
18 more not listed; retrieve them via the Exa API.