Legal Opinion
State v. Sizemore
New Mexico Court of Appeals
Decided June 28, 1993No. 13674PublishedCited by 20 opinions
1Opinion of the Court
OPINION
MINZNER, Chief Judge.
Defendant appeals her conviction for receiving stolen property over $2,500, contrary to NMSA 1978, § 30-16-ll(A) (Cum. Supp.1992), challenging the sufficiency of the evidence to support her conviction. Because the State failed to prove that Defendant was in actual or constructive possession, which is required to support her conviction under Section 30-16-11, we hold that her conviction is not supported by sufficient evidence, and we reverse.
FACTS
The items stolen, which were taken from three different businesses on three different occasions, included fifteen…
2Cases cited19 opinions
- State v. GarciaNew Mexico Supreme Court · 1992
- Commonwealth v. DavisSupreme Court of Pennsylvania · 1971
- Commonwealth v. ScudderSupreme Court of Pennsylvania · 1980
- State v. DuranNew Mexico Supreme Court · 1988
- State v. KimbroughNew Jersey Superior Court Appellate Division · 1970
14 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. BarberNew Mexico Supreme Court · 2004
- State v. AllenNew Mexico Supreme Court · 1999
- State v. GarciaNew Mexico Supreme Court · 2005
- State v. McGruderNew Mexico Supreme Court · 1997
- State v. HernandezNew Mexico Court of Appeals · 1996
15 more not listed; retrieve them via the Exa API.