Legal Opinion

State v. Gray

New Mexico Court of Appeals

Decided August 4, 2016No. S-1-SC-36077; Docket 33,940Published

1Opinion of the Court

OPINION

SUTIN, Judge.

{1} This appeal involves Defendant Kenneth Gray’s criminal liability under NMSA 1978, Section 66-8-101 (C) (2004, amended 2016) (current version at Section 66-8-101(E)), for a third degree felony of driving while intoxicated (DWI) causing great bodily harm to a human being. The human being was Defendant. The appeal also involves a sixteen-year enhancement to a three-year basic sentence. The enhancement was based on four prior DWI convictions. Defendant questions the applicability of the liability and sentencing provisions of Section 66-8-101, and the failures of his…

2Cases cited9 opinions

  1. United States v. TuckerSupreme Court of the United States · 1972
  2. State v. OgdenNew Mexico Supreme Court · 1994
  3. State v. Office of the Public Defender Ex Rel. MuqqddinNew Mexico Supreme Court · 2012
  4. State v. GarciaNew Mexico Supreme Court · 1996
  5. State v. TellesNew Mexico Court of Appeals · 1998

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