Legal Opinion

State v. Pinson

New Mexico Court of Appeals

Decided April 19, 1995No. 15579PublishedCited by 4 opinions

1Opinion of the Court

OPINION

BOSSON, Judge.

Defendant appeals his conviction of criminal solicitation resulting from a failed drug deal. Defendant questions whether an intended purchaser of drugs who is not charged with illegal possession, but who does encourage the crime of trafficking by negotiating for a sale, may be prosecuted instead for criminal solicitation. We hold that be may not, and reverse.

FACTS

Defendant was riding in a car with several others, apparently looking to buy drugs. The driver of another car (Cauffman) flagged them down on a residential street. Cauffman, a drug dealer, had several papers of…

2Cases cited9 opinions

  1. United States v. FarrarSupreme Court of the United States · 1930
  2. Metcalf v. StateDistrict Court of Appeal of Florida · 1993
  3. People v. WashingtonSupreme Court of Colorado · 1994
  4. State v. ShadeNew Mexico Court of Appeals · 1986
  5. Robinson v. StateCourt of Appeals of Texas · 1991

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

3Cited by4 opinions

  1. State v. RaelNew Mexico Court of Appeals · 1999
  2. State v. CelestineSupreme Court of Louisiana · 1996
  3. State v. VallejosNew Mexico Court of Appeals · 2000
  4. SIMMS v. STATECourt of Criminal Appeals of Oklahoma · 2021

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