State v. Muniz

OPINION

EASLEY, Chief Justice.

Muniz was convicted as an habitual criminal. The Court of Appeals reversed the conviction. We granted certiorari and reverse the Court of Appeals as to the only issue before us.

The sole issue is whether the use of Muniz’ alias in the jury instructions constitutes reversible error.

One of the convictions relied upon by the State to support the habitual offender charge in this case was based on a 1968 indictment against Muniz for forgery. It was styled “State of New Mexico vs. Frank Muniz, alias Prospero Padilla,” and charged him with issuing forged checks payable to…