Legal Opinion
State v. Lucero
New Mexico Court of Appeals
Decided January 5, 1968No. 84PublishedCited by 5 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
Defendant contends his conviction should be set aside because he was incompetent to stand trial. This contention cannot be decided in this appeal.
The record does not show that the question of defendant’s competency was ruled on by the trial court. Generally, to be an issue on appeal, the question must have been decided by the trial court. State v. Lott, 73 N.M. 280, 387 P.2d 855 (1963). Under this general rule no issue is presented for decision.
As exceptions to the general rule, certain issues may be raised for the first time on appeal. See DesGeorges v. Grainger, 76 N.M.…
2Cases cited9 opinions
- State v. LottNew Mexico Supreme Court · 1963
- State v. UptonNew Mexico Supreme Court · 1955
- DesGeorges v. GraingerNew Mexico Supreme Court · 1966
- State v. FolkNew Mexico Supreme Court · 1952
- State v. VelasquezNew Mexico Supreme Court · 1966
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. TapiaNew Mexico Court of Appeals · 1968
- State v. GutierrezNew Mexico Court of Appeals · 1975
- State v. BarefieldNew Mexico Court of Appeals · 1969
- State v. HibbsNew Mexico Court of Appeals · 1971
- Faulkner v. StateNew Mexico Court of Appeals · 1972