State v. James
New Mexico Court of Appeals
1Opinion of the Court
OPINION
CHAVEZ, Judge.
Defendant appeals his conviction of embezzlement of over $100 but less than $2,500, contrary to NMSA 1978, Section 30-16-8 (Repl.Pamp.1984). He challenges the sufficiency of the evidence to support his conviction and the propriety of the aggravating circumstances used by the court to increase his sentence. Defendant raises two other issues pursuant to State v. Franklin, 78 N.M. 127, 428 P.2d 982 (1967), cert. denied, 394 U.S. 965, 89 S.Ct. 1318, 22 L.Ed.2d 566 (1969). We affirm defendant’s conviction and remand for resentencing.
Defendant was employed by the Allsup’s store…
Also in this document: Concurrence.
2Cases cited31 opinions
- Chaffin v. StynchcombeSupreme Court of the United States · 1973
- United States v. GraysonSupreme Court of the United States · 1978
- State v. VandiverSupreme Court of North Carolina · 1988
- State v. VandiverSupreme Court of North Carolina · 1988
- State v. SutphinNew Mexico Supreme Court · 1988
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3Cited by22 opinions
- Holland v. StateMississippi Supreme Court · 1997
- State v. McGuireNew Mexico Supreme Court · 1990
- State v. WilsonNew Mexico Court of Appeals · 1993
- State v. BonillaNew Mexico Supreme Court · 2000
- State v. WhitakerNew Mexico Court of Appeals · 1990
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