Legal Opinion
State v. Arellano
New Mexico Court of Appeals
Decided July 28, 1997No. 16758PublishedCited by 19 opinions
1Opinion of the Court
OPINION
WECHSLER, Judge.
1. The State appeals from the district court decision granting Defendant’s motion to dismiss the charge of criminal damage to property. The district court determined that Defendant could only have been charged under a specific statute, injuring or tampering with vehicle, NMSA 1978, Section 66-3-506 (Repl.Pamp.1994), and not under a general statute, criminal damage to property, NMSA 1978, Section 30-15-1 (Repl.Pamp.1994). We reverse because we conclude that the “general/specific rule” is inapplicable.
I. FACTUAL AND PROCEDURAL BACKGROUND
2. According to Defendant’s…
2Cases cited24 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- United States v. BatchelderSupreme Court of the United States · 1979
- Swafford v. StateNew Mexico Supreme Court · 1991
- Alexander v. Delgado Ex Rel. DelgadoNew Mexico Supreme Court · 1973
- State v. RowellNew Mexico Supreme Court · 1995
19 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. CleveNew Mexico Supreme Court · 1999
- State v. WassonNew Mexico Court of Appeals · 1998
- State v. EstradaNew Mexico Court of Appeals · 2001
- State v. Shaulis-PowellNew Mexico Court of Appeals · 1999
- State v. TrujilloNew Mexico Court of Appeals · 1998
14 more not listed; retrieve them via the Exa API.