State v. Otto

OPINION

WALTERS, Chief Judge.

Defendant was convicted of one count of conspiracy to tamper with evidence and one count of tampering with evidence. The general criminal intent instruction, N.M.U. J.I. Crim. 1.50, N.M.S.A. 1978 (Repl.Pamph. 1982), was not given. The issues on appeal are whether failure to so instruct amounts to jurisdictional error and whether it can be raised for the first time on appeal.

We originally calendared this case for summary reversal. No timely memorandum in opposition to our proposed disposition having been filed, we reversed by memorandum opinion filed August 26,…