Legal Opinion
State v. Bybee
New Mexico Court of Appeals
Decided August 17, 1989No. 11205PublishedCited by 32 opinions
1Opinion of the Court
OPINION
DONNELLY, Judge.
Defendant was charged with three counts of burglary of soft drink vending machines located outside a grocery store. He subsequently entered a plea of nollo contendré to one charge of burglary, and the other charges were dismissed. Defendant specifically reserved, however, the right to appeal the trial court’s denial of his motion to dismiss the burglary charges. The dispositive issue is whether a soft drink vending machine constitutes a “structure” within the purview of the burglary statute, NMSA 1978, Section 30-16-3(B) (Repl.Pamp.1984). We reverse.
The criminal…
2Cases cited23 opinions
- United States v. SchartonSupreme Court of the United States · 1932
- Pierce v. United StatesSupreme Court of the United States · 1941
- State Ex Rel. Klineline v. BlackhurstNew Mexico Supreme Court · 1988
- State v. KeithNew Mexico Court of Appeals · 1985
- Bokum Resources Corp. v. New Mexico Water Quality Control CommissionNew Mexico Supreme Court · 1979
18 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Santillanes v. StateNew Mexico Supreme Court · 1993
- State v. HodgeNew Mexico Supreme Court · 1994
- State v. ChavezNew Mexico Supreme Court · 2009
- State v. Office of the Public Defender Ex Rel. MuqqddinNew Mexico Supreme Court · 2012
- State v. FoulenfontNew Mexico Court of Appeals · 1995
27 more not listed; retrieve them via the Exa API.