Legal Opinion

State v. Gutierrez

New Mexico Court of Appeals

Decided August 13, 2012No. 33,717; Docket No. 30,439PublishedCited by 2 opinions

1Opinion of the Court

OPINION

HANISEE, Judge.

{1} This case is among the flood of “double-description” type double jeopardy challenges this Court reviews each year. And while the legal path in this area is well worn, the facts here are surprisingly novel. Sonny Gutierrez (Defendant), a former employee of the Kentucky Fried Chicken (KFC) restaurant in Alamogordo, robbed nearly ten-thousand dollars from KFC assistant manager Louann Logan during her daily-deposit routine of KFC’s proceeds. Ms. Logan, whom Defendant struck in the face while simultaneously relieving her of the money, also happened to be his girlfriend of…

2Cases cited12 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Swafford v. StateNew Mexico Supreme Court · 1991
  3. State v. GonzalesNew Mexico Supreme Court · 1992
  4. State v. SwickNew Mexico Supreme Court · 2012
  5. State v. FrancoNew Mexico Supreme Court · 2005

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

3Cited by2 opinions

  1. State v. GutierrezNew Mexico Court of Appeals · 2012
  2. State v. RiveraNew Mexico Court of Appeals · 2016

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