State v. Cook
New Mexico Court of Appeals
1Opinion of the Court
OPINION
KENNEDY, Judge.
{1} A jury convicted Defendant of kidnaping, two counts of criminal sexual penetration, and two counts of tampering with evidence. The jury instructions on the tampering charges were identical except for references to different counts in the indictment, and those counts were also identically worded. On appeal, Defendant challenges (1) his convictions for two counts of tampering with evidence on the ground that they violate his right to be free from double jeopardy, and (2) the enhancement of his sentence on the ground that the trial court’s factual findings violated his…
2Cases cited16 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Swafford v. StateNew Mexico Supreme Court · 1991
- Woolwine v. Furr's, Inc.New Mexico Court of Appeals · 1987
- State v. OgdenNew Mexico Supreme Court · 1994
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. SoteloNew Mexico Court of Appeals · 2012
- State v. CandelariaNew Mexico Court of Appeals · 2019
- State v. CookNew Mexico Court of Appeals · 2006
- State v. AragonNew Mexico Supreme Court · 2026
- State v. CandelariaNew Mexico Court of Appeals · 2019
1 more not listed; retrieve them via the Exa API.