Legal Opinion

State v. Garcia

New Mexico Court of Appeals

Decided December 6, 2012No. 33,895; Docket No. 31,470PublishedCited by 8 opinions

1Opinion of the Court

OPINION

WECHSLER, Judge.

{1} Defendant Joe Garcia appeals his conviction of contributing to the delinquency of a minor (CDM), a fourth degree felony, contrary to NMSA 1978, Section 30-6-3 (1990). We hold that (1) the State presented sufficient evidence to support Defendant’s conviction; (2) the CDM statute did not violate Defendant’s right to free expression under the federal and state constitutions; (3) the CDM statute is not unconstitutionally overbroad under the First Amendment to the United States Constitution; (4) as a matter of due process, the CDM statute is not unconstitutionally vague;…

2Cases cited27 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  3. New York v. FerberSupreme Court of the United States · 1982
  4. United States v. WilliamsSupreme Court of the United States · 2008
  5. Gooding v. WilsonSupreme Court of the United States · 1972

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3Cited by8 opinions

  1. State v. GarnenezNew Mexico Court of Appeals · 2015
  2. State v. Rael-GallegosNew Mexico Court of Appeals · 2013
  3. State v. Quintin C.New Mexico Court of Appeals · 2019
  4. State v. VillanuevaNew Mexico Court of Appeals · 2021
  5. State v. Rael-GallegosNew Mexico Supreme Court · 2013

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