State v. Gardner

OPINION

DONNELLY, Judge.

Defendant appeals her convictions for making a false report, contrary to NMSA 1978, Section 30-39-1 (Repl.Pamp.1989), and conspiracy to harbor a felon, contrary to NMSA 1978, Sections 30-22-4 and 30-28-2 (Repl.Pamp.1984). We discuss: (1) sufficiency of the evidence to support the conviction of making a false report; (2) whether the court erred in instructing the jury as to the charge of conspiracy; and (3) claim of error in denying defendant’s motion to set aside the verdict or grant a new trial. We reverse and remand.

The pertinent facts are undisputed. Police officers…