Legal Opinion

State v. Anaya

New Mexico Court of Appeals

Decided March 31, 1972No. 822PublishedCited by 8 opinions

1Opinion of the Court

OPINION

HENDLEY, Judge.

Defendant filed a Motion for post-conviction relief (§ 21-1-1(93), N.M.S.A.1953 (Repl.Vol.1970)) on the grounds that he was “twice placed in jeopardy” since the crimes (theft from an auto and the Municipal Court charges) “all arose out of the same incident.” The trial court denied relief without a hearing and defendant appeals.

We affirm.

Defendant was convicted on two counts of theft from an auto. The convictions were affirmed in State v. Anaya, 82 N.M. 531, 484 P.2d 373 (Ct.App.1971). When the officers arrested defendant for the, thefts, he resisted arrest, struck an…

2Cases cited5 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. Waller v. FloridaSupreme Court of the United States · 1970
  3. State v. QuintanaNew Mexico Supreme Court · 1961
  4. State v. BarosNew Mexico Supreme Court · 1968
  5. State v. AnayaNew Mexico Court of Appeals · 1971

3Cited by8 opinions

  1. State v. TantonNew Mexico Supreme Court · 1975
  2. Woods v. StateNew Mexico Court of Appeals · 1972
  3. State v. JonesNew Mexico Court of Appeals · 1973
  4. State v. WoodsNew Mexico Court of Appeals · 1973
  5. State v. MaestasNew Mexico Court of Appeals · 1974

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