Legal Opinion

State v. Holt

New Mexico Court of Appeals

Decided June 19, 2015No. 35,298; Docket No. 33,090PublishedCited by 5 opinions

1Opinion of the Court

OPINION

BUSTAMANTE, Judge.

{1} Anthony Holt (Defendant) was trying to remove a window screen from Carolyn Stamper’s (Stamper) home when he noticed her through the window. Although he turned and left the premises without breaching the window, he was convicted of one count of breaking and entering and now appeals on two grounds. First, he argues that the Legislature did not intend to punish as breaking and entering an intrusion into the space between the screen and the window. Second, he maintains that the evidence was insufficient for the jury to conclude that he in fact entered that space. We…

2Cases cited22 opinions

  1. State v. CunninghamNew Mexico Supreme Court · 2000
  2. State v. SmithNew Mexico Supreme Court · 2004
  3. Hale v. Basin Motor Co.New Mexico Supreme Court · 1990
  4. State v. JohnsonNew Mexico Supreme Court · 2000
  5. State v. PigquesSupreme Court of Missouri · 1958

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

3Cited by5 opinions

  1. State v. HoltNew Mexico Supreme Court · 2016
  2. State v. MestasNew Mexico Court of Appeals · 2016
  3. State v. HoltNew Mexico Supreme Court · 2016
  4. State v. HoltNew Mexico Court of Appeals · 2015
  5. State v. JonesNew Mexico Supreme Court · 2025

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