State v. Scott

OPINION

PICKARD, Judge.

{1} This is another case raising the issue of whether a particular document purports to have legal efficacy so that it can be made the foundation of a forgery conviction. At issue in this case are a doctor’s note and an order for diagnostic testing that were used to create an excuse for Defendant’s non-appearance at a certain court-ordered appointment. We hold that such documents have mere evidentiary value, as opposed to legal efficacy, and therefore our recent case of State v. Cearley, 2004-NMCA-079, 135 N.M. 710, 92 P.3d 1284 mandates a reversal.

FACTS AND BACKGROUND

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