Legal Opinion

State v. Bent

New Mexico Court of Appeals

Decided June 28, 2011No. 29,227; 33,136PublishedCited by 1 opinion

1Opinion of the Court

OPINION

KENNEDY, Judge.

{1} Defendant stands convicted of various counts of criminal sexual contact of a minor and contributing to the delinquency of a minor as a result of which he was sentenced to prison. Of the many issues he raises on appeal, one defect in the grand jury proceedings deprives the district court of its jurisdiction and is, accordingly, dispositive of all other issues.

{2} Defendant was indicted by a grand jury, which was convened on October 3, 2007, and whose statutory term would have ended on January 4, 2008, but for an order extending the statutory term issued verbally by a…

2Cases cited33 opinions

  1. State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
  2. In Re MillsSupreme Court of the United States · 1890
  3. State v. DavisNew Mexico Supreme Court · 2003
  4. Quynh Truong v. Allstate InsuranceNew Mexico Supreme Court · 2010
  5. Marbob Energy Corp. v. New Mexico Oil Conservation CommissionNew Mexico Supreme Court · 2009

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3Cited by1 opinion

  1. State v. BentNew Mexico Supreme Court · 2012

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