Legal Opinion

State v. Krause

New Mexico Court of Appeals

Decided December 15, 1997No. 17796PublishedCited by 13 opinions

1Opinion of the Court

OPINION

ALARID, Judge.

1. Defendant appeals a judgment of the district court in an on-record appeal from the metropolitan court. He contends that the district court erred in refusing to allow him a de novo appeal. We agree and reverse and remand to the district court for a de novo appeal.

2. Defendant was charged in metropolitan court with driving while intoxicated, eluding an officer, and reckless driving. Because of the charge of driving while intoxicated, the trial in metropolitan court was on the record. At the close of the State’s case-in-chief, a directed verdict on the charge of driving…

2Cases cited4 opinions

  1. State v. BallNew Mexico Supreme Court · 1986
  2. State Ex Rel. Schwartz v. SanchezNew Mexico Supreme Court · 1997
  3. Johnson v. Southwestern Catering Corp.New Mexico Court of Appeals · 1983
  4. State v. RomeroNew Mexico Court of Appeals · 1994

3Cited by13 opinions

  1. State v. HeinsenNew Mexico Supreme Court · 2005
  2. State v. TrujilloNew Mexico Court of Appeals · 1998
  3. State v. AguilarNew Mexico Court of Appeals · 2007
  4. State v. WilsonNew Mexico Supreme Court · 2006
  5. State v. WilsonNew Mexico Court of Appeals · 2005

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