Legal Opinion

State v. Luna

New Mexico Court of Appeals

Decided November 18, 1982No. 5771PublishedCited by 24 opinions

1Opinion of the Court

OPINION

DONNELLY, Judge.

Does a person arm himself with a deadly weapon for purposes of prosecution for aggravated burglary contrary to § 30-16-4(B), N.M.S.A.1978, when he steals unloaded guns? We hold that he does.

The State appeals an order of the trial court which dismissed an aggravated burglary count against the defendants Frank Luna and Alvino S. Chacon. Defendants were each charged with aggravated burglary» § 30-16 — 4(B), supra, and with larceny of firearms having a value in excess of $2,500.00 contrary to § 30-16-1, N.M.S.A. 1978 (1982 Cum.Supp.). Defendants were alleged to have taken a…

2Cases cited8 opinions

  1. People v. FordCalifornia Supreme Court · 1964
  2. People v. NelumsCalifornia Supreme Court · 1982
  3. People v. JacksonCalifornia Court of Appeal · 1979
  4. Meadows v. CommonwealthCourt of Appeals of Kentucky · 1977
  5. State v. CastroNew Mexico Court of Appeals · 1979

3 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State v. OgdenNew Mexico Supreme Court · 1994
  2. State v. Alvarez-LopezNew Mexico Supreme Court · 2004
  3. Pardue v. StateSupreme Court of Alabama · 1990
  4. State v. BrownWashington Supreme Court · 2007
  5. Buchannon v. StateCourt of Criminal Appeals of Alabama · 1989

19 more not listed; retrieve them via the Exa API.

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