Legal Opinion
State v. Gutierrez
New Mexico Court of Appeals
Decided May 3, 1993No. 14485PublishedCited by 20 opinions
1Opinion of the Court
OPINION
APODACA, Judge.
Defendant pled guilty to the crime of battery on a peace officer. He reserved the right to appeal the issue of whether a juvenile correctional officer (JCO) is still a peace officer for purposes of the battery on a peace officer statute, despite the fact that JCOs are no longer under the control of the New Mexico Corrections Department. We answer this question affirmatively and thus affirm Defendant’s conviction.
In State v. Tabaha, 103 N.M. 789, 714 P.2d 1010 (Ct.App.1986), this Court held that JCOs were not peace officers under the battery on a peace officer statute,…
2Cases cited6 opinions
- State v. NanceNew Mexico Supreme Court · 1966
- Wells v. County of ValenciaNew Mexico Supreme Court · 1982
- State v. ShaferNew Mexico Court of Appeals · 1985
- State v. TabahaNew Mexico Court of Appeals · 1986
- State Ex Rel. Rodriguez v. American Legion Post No. 99New Mexico Court of Appeals · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
- State v. OgdenNew Mexico Supreme Court · 1994
- State v. HodgeNew Mexico Supreme Court · 1994
- Cummings v. X-Ray Associates of New Mexico, P. C.New Mexico Supreme Court · 1996
- Compton v. LytleNew Mexico Supreme Court · 2003
15 more not listed; retrieve them via the Exa API.