Legal Opinion

State v. Bolen

New Mexico Court of Appeals

Decided January 13, 1976No. 2162PublishedCited by 11 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Defendant was convicted of burglary and two larcenies. He was sentenced to three prison terms, to be served consecutively. His appeal raises three issues: (1) the single larceny doctrine; (2) double jeopardy; and (3) consecutive sentencing.

A bicycle shop and a ski shop, separately owned, were located in one room divided by low walls. Each shop had a separate cash register. Defendant stole money from each cash register.

Single Larceny Doctrine

2 Anderson, Wharton’s Criminal Law and Procedure, § 451 (1957) states: “The stealing of property from different owners at the…

2Cases cited9 opinions

  1. State v. TantonNew Mexico Supreme Court · 1975
  2. In re AllisonSupreme Court of Colorado · 1889
  3. State v. KlasnerNew Mexico Supreme Court · 1914
  4. People v. SichofskyCalifornia Court of Appeal · 1922
  5. State v. AllenNew Mexico Supreme Court · 1955

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. MuiseNew Mexico Court of Appeals · 1985
  2. State v. PedroncelliNew Mexico Supreme Court · 1984
  3. State v. PadillaNew Mexico Court of Appeals · 1977
  4. State v. MeyerCourt of Appeals of Washington · 1980
  5. State v. BoeglinNew Mexico Court of Appeals · 1977

6 more not listed; retrieve them via the Exa API.

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