State v. Contreras

OPINION

SUTIN, Chief Judge.

{1} Defendant Anthony Contreras was convicted of breaking and entering, contrary to NMSA 1978, § 30-14-8(A) (1981), and criminal damage to property, contrary to NMSA 1978, § 30-15-1 (1963). He appeals, on two grounds, only his conviction for breaking and entering. The first is that the district court erred by refusing his instruction on the defense of mistake of fact. The district court denied the instruction after concluding that insufficient evidence had been presented to support giving the instruction. We disagree, holding that the evidence was sufficient and…