State v. Herrera

OPINION

WECHSLER, Judge.

{1} Defendant Joshua Herrera pleaded guilty to one count of forgery in violation of NMSA 1978, § 30-16-10 (1963), reserving his right to appeal the district court’s determination that Defendant’s acts constituted forgery for the purpose of the indictment. We reverse.

Facts

{2} Defendant was the only witness at the hearing on his motion to dismiss the indictment. He testified that he found a purse in a dumpster near San Pedro and Kathryn Streets in Albuquerque. Defendant took the purse with him to a friend’s house. Either Defendant or his friend called the owner of the…