State v. Leyba

OPINION

WALTERS, Judge.

Defendants were indicted by the grand jury for shoplifting in violation of § 30-16-20, and for conspiracy, in violation of § 30-28-2, N.M.S.A.1978. The trial court dismissed the charge of conspiracy on the ground that § 30-16-20 C expressly prohibits charging a separate or additional offense if it arises out of the same transaction upon which the shoplifting charge is based. The State contends the trial court misconstrued § 30-16-20 C, because it logically refers to additional similar charges such as larceny, and that the second charge should be reinstated.

The parties to…