Legal Opinion

State v. Tapia

New Mexico Court of Appeals

Decided April 20, 1976No. 2403PublishedCited by 21 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Can the thief, convicted of larceny under § 40A-16-1, N.M.S.A.1953 (2d Repl.Vol. 6), also be convicted of receiving stolen property by disposing of it in violation of § 40A-16-11, N.M.S.A.1953 (2d Repl.Vol. 6, Supp.1975) ? Under the circumstances of this case we hold that both convictions were proper.

The instructions permitted a guilty verdict on each of the charges. The jury convicted defendant of both charges. Both offenses were petty misdemeanors. The trial court sentenced defendant to confinement in county detention facilities on weekends in January and February,…

2Cases cited13 opinions

  1. Heflin v. United StatesSupreme Court of the United States · 1959
  2. Milanovich v. United StatesSupreme Court of the United States · 1961
  3. United States v. GaddisSupreme Court of the United States · 1976
  4. State v. TantonNew Mexico Supreme Court · 1975
  5. Bettini v. City of Las CrucesNew Mexico Supreme Court · 1971

8 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State v. OrtizNew Mexico Court of Appeals · 1977
  2. Arnold v. StateNew Mexico Supreme Court · 1980
  3. State v. GallegosNew Mexico Court of Appeals · 1989
  4. State v. PedroncelliNew Mexico Supreme Court · 1984
  5. State v. RodriguezNew Mexico Court of Appeals · 1984

16 more not listed; retrieve them via the Exa API.

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