Legal Opinion
State v. Padilla
New Mexico Court of Appeals
Decided June 8, 2006No. 25,380PublishedCited by 25 opinions
1Opinion of the Court
OPINION
FRY, Judge.
{1} Defendant Felipe Padilla challenges his conviction for aggravated fleeing a law enforcement officer (aggravated fleeing) under NMSA 1978, § 30-22-1.1 (2003). He claims that the trial court committed error by failing to instruct the jury on an essential element of the crime when it refused to allow the jury to consider whether the pursuit was conducted “in accordance with” the Law Enforcement Safe Pursuit Act (the Act). NMSA 1978, § 29-20-1 to -4 (2003). We agree and remand for a new trial. Further, Defendant argues that he may not be convicted for both (1) resisting,…
2Cases cited29 opinions
- Swafford v. StateNew Mexico Supreme Court · 1991
- State v. RowellNew Mexico Supreme Court · 1995
- State v. SmithNew Mexico Supreme Court · 2004
- Torres v. StateNew Mexico Supreme Court · 1995
- State v. DeGraffNew Mexico Supreme Court · 2006
24 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Baker v. HedstromNew Mexico Supreme Court · 2013
- State v. PadillaNew Mexico Supreme Court · 2008
- State v. MontoyaNew Mexico Court of Appeals · 2011
- State v. CaldwellNew Mexico Court of Appeals · 2008
- H-B-S Partnership v. Aircoa Hospitality Services, Inc.New Mexico Court of Appeals · 2007
20 more not listed; retrieve them via the Exa API.