Legal Opinion
State v. McGee
New Mexico Court of Appeals
Decided June 25, 2002No. 21,923PublishedCited by 11 opinions
1Opinion of the Court
OPINION
BOSSON, Chief Judge.
{1} We address an issue first discussed in State v. Hernandez, 1999-NMCA-105, ¶¶ 24-30, 127 N.M. 769, 987 P.2d 1156, as to when a court sitting without a jury may sua sponte convict the accused of an uncharged crime on the theory that it is a lesser included offense under the Meadors doctrine. See State v. Meadors, 121 N.M. 38, 908 P.2d 731 (1995). We conclude that the trial court committed reversible error in one of Defendant’s convictions, and we reverse that conviction. Because of other convictions not part of this appeal, we remand for re-sentencing. On an…
2Cases cited12 opinions
- State v. RojoNew Mexico Supreme Court · 1998
- State v. SutphinNew Mexico Supreme Court · 1988
- State v. ApodacaNew Mexico Supreme Court · 1994
- United States v. Mojica BaezCourt of Appeals for the First Circuit · 2000
- State v. HernandezNew Mexico Supreme Court · 1993
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. CollinsNew Mexico Court of Appeals · 2005
- State v. DavisNew Mexico Court of Appeals · 2009
- State v. ClementsNew Mexico Court of Appeals · 2009
- State v. McGeeNew Mexico Court of Appeals · 2003
- In re Marlon C.New Mexico Court of Appeals · 2002
6 more not listed; retrieve them via the Exa API.