Legal Opinion

State v. Martinez

New Mexico Court of Appeals

Decided January 22, 1998No. 18763PublishedCited by 3 opinions

1Opinion of the Court

OPINION

HARTZ, Chief Judge.

1. The question presented by this appeal is whether someone under no obligation to report to jail can be guilty of escape from jail. Our answer is no.

BACKGROUND

2. Defendant first raised the issue in a motion to dismiss after she was charged with escape from jail. At the district court hearing on the motion, she and the State stipulated to the following facts:

1. [Defendant] was committed to the Otero County Detention Center on the 24th day of October 1995 by Judge Barber, Alamogordo Municipal Court, to serve a term of one-hundred-seventy-nine (179) days.

2. [Defendant]…

2Cases cited16 opinions

Matter of Adoption of DoeNew Mexico Supreme Court · 1984
State v. HodgeNew Mexico Supreme Court · 1994
State v. PerrettCourt of Appeals of Washington · 1997
Commonwealth v. CowanMassachusetts Supreme Judicial Court · 1996
State v. FellhauerNew Mexico Court of Appeals · 1997

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

3Cited by3 opinions

State v. HerreraNew Mexico Court of Appeals · 2000
State v. PearsonNew Mexico Court of Appeals · 2000
Commonwealth v. WegleySuperior Court of Pennsylvania · 2002