State v. Bachicha
New Mexico Court of Appeals
1Opinion of the Court
OPINION
DONNELLY, Judge.
Do defendant’s convictions of aggravated assault with a deadly weapon constitute lesser included offenses of the greater offense of false imprisonment by use of a firearm that merge for the purposes of sentencing? We hold under the facts of this case that the jury could properly convict defendant of the offenses of false imprisonment upon his wife, sister-in-law, and brother-in-law, and the separate offenses of aggravated assault with a firearm upon the same victims, because there was separate evidence of multiple aggravated assaults upon each victim. The following…
Also in this document: Concurrence.
2Cases cited27 opinions
- State v. ManusNew Mexico Supreme Court · 1979
- Sells v. StateNew Mexico Supreme Court · 1982
- State v. TantonNew Mexico Supreme Court · 1975
- State v. McGuireNew Mexico Supreme Court · 1990
- State v. CorneauNew Mexico Court of Appeals · 1989
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3Cited by38 opinions
- United States v. TittiesCourt of Appeals for the Tenth Circuit · 2017
- United States v. Rede-MendezCourt of Appeals for the Sixth Circuit · 2012
- United States v. Ramon SilvaCourt of Appeals for the Tenth Circuit · 2010
- State v. FuentesNew Mexico Court of Appeals · 1994
- State v. LuceroNew Mexico Supreme Court · 2007
33 more not listed; retrieve them via the Exa API.