State v. Elliott

OPINION

EASLEY, Justice.

This cause was remanded to the Court of Appeals for consideration of other issues raised by the defendant in light of our holding that the New Mexico sodomy statute is constitutional. State v. Elliott, 89 N. M. 305, 551 P.2d 1352 (1976). The Court of Appeals reversed three out of the four convictions of sodomy and remanded the case to the trial court for sentencing on the remaining count. State v. Elliott, No. 1682 (Ct.App., filed November 2, 1976). We granted certiorari and now reverse the Court of Appeals.

The defendant was convicted of four counts of sodomy upon…