Legal Opinion
State v. Ben
New Mexico Court of Appeals
Decided October 5, 2015No. 35,550; Docket 33,921PublishedCited by 2 opinions
1Opinion of the Court
OPINION
VANZI, Judge.
{1} At issue in this appeal is a unique application of the constitutional bar against retrial after acquittal. Defendant Ferlin Ben was charged and convicted in a nonjury trial in magistrate court for driving while intoxicated (DWI), contrary to NMSA 1978, Section 66-8-102 (2010). Defendant’s conviction was expressly based on the “per se” provision of Subsection (C)(1), which is one of two statutory alternative means of committing the single offense of DWI. See State v. Lewis, 2008-NMCA-070, ¶ 27, 144 N.M. 156, 184 P.3d 1050.
{2} After a de novo appeal to the district…
2Cases cited35 opinions
- Green v. United StatesSupreme Court of the United States · 1957
- United States Trust Co. of NY v. New JerseySupreme Court of the United States · 1977
- United States v. TateoSupreme Court of the United States · 1964
- Price v. GeorgiaSupreme Court of the United States · 1970
- Justices of Boston Municipal Court v. LydonSupreme Court of the United States · 1984
30 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. CattNew Mexico Court of Appeals · 2018
- State v. CattNew Mexico Court of Appeals · 2018