Legal Opinion

State v. Tapia

New Mexico Court of Appeals

Decided April 20, 2015No. 35,182; No. 35,190; Docket No. 32,277PublishedCited by 8 opinions

1Opinion of the Court

OPINION

HANISEE, Judge.

Defendant appeals his conviction for five counts of criminal sexual penetration of a minor (CSPM), five counts of criminal sexual contact of a minor (CSCM), and four counts of kidnapping. He asserts: (1) there was insufficient evidence presented at trial to support all but one of his convictions for CSPM and CSCM; (2) the State failed to prove two counts of CSPM were separate and distinct from one another; (3) the conduct charged as kidnapping was incidental to sexual assault and not a separate crime; (4) the jury instructions were contradictory, resulting in fundamental…

2Cases cited15 opinions

  1. People v. DanielsCalifornia Supreme Court · 1969
  2. State v. RojoNew Mexico Supreme Court · 1998
  3. State v. SutphinNew Mexico Supreme Court · 1988
  4. State v. ApodacaNew Mexico Supreme Court · 1994
  5. State v. BarberNew Mexico Supreme Court · 2004

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3Cited by8 opinions

  1. State v. Anthony L.New Mexico Court of Appeals · 2018
  2. State v. KnightNew Mexico Court of Appeals · 2019
  3. State v. JacksonNew Mexico Court of Appeals · 2020
  4. State v. AlvarezNew Mexico Court of Appeals · 2017
  5. State v. GutierrezNew Mexico Court of Appeals · 2019

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

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