State v. Gonzales
New Mexico Court of Appeals
1Opinion of the Court
ATTREP, Judge.
{1} Defendant David Gonzales appeals his convictions for racing on highways ( NMSA 1978, § 66-8-115 (1978) ), aggravated fleeing a law enforcement officer ( NMSA 1978, § 30-22-1.1 (2003) ), and careless driving ( NMSA 1978, § 66-8-114 (1978) ). Defendant argues that: (1) there is insufficient evidence to sustain his conviction for racing on highways and (2) his convictions for aggravated fleeing and careless driving violate double jeopardy. We agree with Defendant's double jeopardy argument and, accordingly, remand to the district court to vacate Defendant's conviction for…
2Cases cited34 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Horton v. CaliforniaSupreme Court of the United States · 1990
- Swafford v. StateNew Mexico Supreme Court · 1991
- State v. CunninghamNew Mexico Supreme Court · 2000
- State v. BernalNew Mexico Supreme Court · 2006
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