Legal Opinion

State v. Smith

New Mexico Court of Appeals

Decided September 2, 1986No. 9118PublishedCited by 60 opinions

1Opinion of the Court

OPINION

HENDLEY, Chief Judge.

Convicted of aggravated burglary and aggravated assault, defendant appeals. Only one issue relating to a lesser included offense instruction on breaking and entering is argued. Issues not briefed are deemed abandoned. State v. Fish, 102 N.M. 775, 701 P.2d 374 (Ct.App.1985).

We affirm.

The relevant facts are that the victim locked the doors and closed the windows to her house and went to bed. She was awakened by a man in her room. The man held a knife to her throat and threatened to kill her. He tried to pull down her nightshirt. When he could not do so with one hand,…

2Cases cited5 opinions

  1. State v. FishNew Mexico Court of Appeals · 1985
  2. State v. MartinNew Mexico Court of Appeals · 1977
  3. State v. BranchalNew Mexico Court of Appeals · 1984
  4. State v. PadillaNew Mexico Court of Appeals · 1986
  5. State v. RayosNew Mexico Supreme Court · 1967

3Cited by60 opinions

  1. State v. ArrendondoNew Mexico Supreme Court · 2012
  2. State v. FrancoNew Mexico Supreme Court · 2005
  3. Sandoval v. Baker Hughes Oilfield Operations, Inc.New Mexico Court of Appeals · 2009
  4. State v. FrancoNew Mexico Supreme Court · 2005
  5. State v. CaldwellNew Mexico Court of Appeals · 2008

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