Legal Opinion

State v. Armendariz

New Mexico Court of Appeals

Decided October 11, 2006No. 24,448PublishedCited by 7 opinions

1Opinion of the Court

OPINION

WECHSLER, Judge.

{1} Defendant appeals his convictions for one count of false imprisonment, one count of aggravated burglary, and two counts of criminal sexual penetration in the second degree (CSP II). Defendant argues that his convictions for false imprisonment and aggravated burglary violate the prohibition against double jeopardy because they are based on unitary conduct and are subsumed within his CSP II convictions. Defendant also argues that his convictions for two counts of CSP II violate double jeopardy because there was only one continuous course of conduct. Finally, Defendant…

2Cases cited28 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Swafford v. StateNew Mexico Supreme Court · 1991
  3. State v. MoraNew Mexico Supreme Court · 1997
  4. State v. DuffyNew Mexico Supreme Court · 1998
  5. State v. DeGraffNew Mexico Supreme Court · 2006

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3Cited by7 opinions

  1. State v. MontoyaNew Mexico Court of Appeals · 2011
  2. Montoya v. DriggersNew Mexico Supreme Court · 2014
  3. Ellis v. Attorney General State of New MexicoDistrict Court, D. New Mexico · 2021
  4. Ellis v. Attorney General State of New MexicoDistrict Court, D. New Mexico · 2021
  5. Montoya v. DriggersNew Mexico Supreme Court · 2014

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

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