State v. Pinson
New Mexico Court of Appeals
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
- United States v. FarrarSupreme Court of the United States · 1930
- Metcalf v. StateDistrict Court of Appeal of Florida · 1993
- People v. WashingtonSupreme Court of Colorado · 1994
- State v. ShadeNew Mexico Court of Appeals · 1986
- Robinson v. StateCourt of Appeals of Texas · 1991
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. RaelNew Mexico Court of Appeals · 1999
- State v. CelestineSupreme Court of Louisiana · 1996
- State v. VallejosNew Mexico Court of Appeals · 2000
- SIMMS v. STATECourt of Criminal Appeals of Oklahoma · 2021