Legal Opinion · Dissent

State v. Carbajal

New Mexico Supreme Court

Decided May 29, 2002No. 26,829Published

1DissentMaes, Justice

{21} I respectfully dissent. I believe a fundamental aspect of this case, which the majority opinion does not address, is the interface between commercial paper and criminal law. Thus my principal disagreement with the majority is my belief that the “effect” meant in UJI 14-1643 NMRA 2002 is not the legal effect considering only how Defendant could have affected the negotiability of the traveler’s check as a matter of the law of commercial paper. Rather, I believe the effect that is meant is bound up in the fact of Defendant’s act of alteration, whereby the check appeared to be made to his…

2Cases cited4 opinions

  1. Muhammad v. CommonwealthCourt of Appeals of Virginia · 1991
  2. State v. HerreraNew Mexico Court of Appeals · 2000
  3. State v. NguyenNew Mexico Court of Appeals · 1997
  4. State v. SmithNew Mexico Court of Appeals · 1981

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