Legal Opinion
Perez v. State
New Mexico Supreme Court
Decided December 20, 1990No. 19131PublishedCited by 22 opinions
1Opinion of the Court
OPINION
FRANCHINI, Justice.
Defendant appeals his conviction of fourth-degree criminal sexual penetration, pursuant to NMSA 1978, Section 30-9-11(D) (Cum.Supp.1990), on the ground that the trial court should have considered his defense of mistake of fact. The case was tried to the court. We agree with defendant and reverse the trial court and court of appeals.
As a preliminary matter we point out that it would have been helpful to this Court if the parties had requested, and the trial court had entered, written findings in this case. See SCRA 1986, 5-605(D). Although no findings were filed, and…
2Cases cited13 opinions
- Dennis v. United StatesSupreme Court of the United States · 1951
- United States v. DotterweichSupreme Court of the United States · 1943
- State Ex Rel. Schiff v. BrennanNew Mexico Supreme Court · 1983
- State v. LuceroNew Mexico Court of Appeals · 1975
- Reese v. StateNew Mexico Supreme Court · 1987
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Santillanes v. StateNew Mexico Supreme Court · 1993
- Garnett v. StateCourt of Appeals of Maryland · 1993
- United States v. WilsonCourt of Appeals for the Armed Forces · 2008
- United States v. Cordoba-HincapieDistrict Court, E.D. New York · 1993
- State v. JadowskiWisconsin Supreme Court · 2004
17 more not listed; retrieve them via the Exa API.