Legal Opinion

State v. Ramirez

New Mexico Court of Appeals

Decided May 25, 2016No. S-1-SC-35949; Docket 34,303PublishedCited by 4 opinions

1Opinion of the Court

OPINION

YANZI, Judge.

{1} A jury found Defendant James Joseph Ramirez guilty of several crimes arising from a home invasion where a child victim was home alone. Defendant asserts on appeal that (1) multiple punishments violate his right to be free from double jeopardy, (2) there was insufficient evidence to support his conviction for child endangerment, and (3) the restraint used to convict him of kidnapping was incidental to the commission of another crime. We affirm in all respects.

BACKGROUND

{2} The facts are not in dispute. Victim was a child — fifteen at the time of the incident — who was…

2Cases cited21 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Swafford v. StateNew Mexico Supreme Court · 1991
  3. State v. BernalNew Mexico Supreme Court · 2006
  4. State v. ManusNew Mexico Supreme Court · 1979
  5. State v. DeGraffNew Mexico Supreme Court · 2006

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3Cited by4 opinions

  1. State v. GonzalesNew Mexico Court of Appeals · 2019
  2. State v. BegayeNew Mexico Court of Appeals · 2021
  3. State v. BegayNew Mexico Court of Appeals · 2019
  4. State v. GonzalesNew Mexico Court of Appeals · 2019

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