State v. Lopez

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of unlawfully taking a vehicle. Section 64-9-4, N.M.S.A.1953 (2nd Repl.Vol. 9, pt. 2). State v. Austin, 80 N.M. 748, 461 P.2d 230 (Ct.App.1969) held that “criminal intent” is an essential element of this offense. State v. Bachicha (Ct.App.), No. 912, 84 N.M. 397, 503 P.2d 1175 decided October 13, 1972, reviewed the instructions given in that case and held they did not cover the element of criminal intent.

The instructions in this case also do not cover the issue of criminal intent. The State concedes this case cannot be distinguished…