Legal Opinion

State v. Tower

New Mexico Court of Appeals

Decided September 11, 2002No. 22,670PublishedCited by 15 opinions

1Opinion of the Court

OPINION

BUSTAMANTE, Judge.

{1} The State appeals the trial court’s dismissal of a burglary charge filed against Defendant. We hold that the trial court erred in determining that Defendant had inadequate notice of the crime under the United States and New Mexico Constitutions. We reverse and remand for reinstatement of the charge.

BACKGROUND

{2} On March 11, 1998, Defendant was given a “Trespass Notice” by Foley’s department store. The notice stated that, due to incidents of shoplifting, Defendant was no longer welcome in any Foley’s. It stated that if Defendant was ever found on Foley’s property,…

2Cases cited11 opinions

  1. Adderley v. FloridaSupreme Court of the United States · 1966
  2. Lopez v. StateNew Mexico Supreme Court · 1996
  3. State v. SanchezNew Mexico Court of Appeals · 1987
  4. State v. DuranNew Mexico Court of Appeals · 1998
  5. State v. MartinezNew Mexico Court of Appeals · 1978

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

3Cited by15 opinions

  1. State v. WildgrubeNew Mexico Court of Appeals · 2003
  2. State v. RamirezNew Mexico Court of Appeals · 2008
  3. State v. BacaNew Mexico Court of Appeals · 2014
  4. State v. MestasNew Mexico Court of Appeals · 2016
  5. Yaryan-Parks Trust v. Martinez (In re Martinez)United States Bankruptcy Court, D. New Mexico · 2012

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

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