State v. Riddall

I respectfully disagree with the majority’s affirmance of defendant’s conviction under NMSA 1978, Section 30-7-8 (Repl. Pamp.1984). I would hold that a butterfly knife is not a switchblade knife under the provisions of that statute. I would thus reverse defendant’s conviction of violating Section 30-7-8 (unlawful possession of a switchblade knife). Additionally, because the state pursued defendant’s conviction under NMSA 1978, Section 30-7-2 (Repl. Pamp.1984) (unlawful carrying of a deadly weapon) on the premise that defendant’s knife was a switchblade knife and thus failed to produce…