Legal Opinion

State v. Montoya

New Mexico Court of Appeals

Decided May 27, 2011No. 28,881PublishedCited by 45 opinions

1Opinion of the Court

OPINION

FRY, Judge.

{1} Defendant appeals from convictions of kidnaping, conspiracy to commit kidnaping, second-degree criminal sexual penetration (CSP II), and aggravated burglary. He raises three points on appeal: (1) his right to a speedy trial was violated by a twenty-one-month delay between his arrest and trial; (2) he was deprived of his right to a trial by jury because a certified court interpreter was not sworn in before voir dire commenced; and (3) his right to be free from double jeopardy was violated by his convictions for kidnaping, CSP II, and aggravated burglary. We conclude that…

2Cases cited27 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Blockburger v. United StatesSupreme Court of the United States · 1931
  3. Swafford v. StateNew Mexico Supreme Court · 1991
  4. State v. GarzaNew Mexico Supreme Court · 2009
  5. Kersey v. HatchNew Mexico Supreme Court · 2010

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

3Cited by45 opinions

  1. Estate of Belden v. Brown CountyCourt of Appeals of Kansas · 2011
  2. State v. SpearmanNew Mexico Supreme Court · 2012
  3. State v. LotterNebraska Supreme Court · 2003
  4. State v. DominguezNew Mexico Court of Appeals · 2014
  5. State v. LujanNew Mexico Court of Appeals · 2015

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

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