State v. Boyer

CERTIFICATION TO THE SUPREME COURT

HERNANDEZ, Judge.

Defendant’s appeal from his conviction of and sentence for unlawful taking of a motor vehicle raises an issue as to the jury instructions concerning the requisite intent to commit that crime.

The New Mexico Supreme Court has granted certiorari in State v. Lopez (Ct.App.), 84 N.M. 453, 504 P.2d 1086, decided November 17, 1972, and State v. Gunzelman (Ct.App.), 84 N.M. 451, 504 P.2d 1084, decided November 30, 1972. The Lopes and Giinselman decisions are both concerned with instructions to the jury concerning the requisite intent for the crimes…