Legal Opinion
State v. Powels
New Mexico Court of Appeals
Decided May 15, 2003No. 23,327PublishedCited by 9 opinions
1Opinion of the Court
OPINION
VIGIL, Judge.
{1} Criminal damage to property consists of “intentionally damaging any real or personal property of another without the consent of the owner of the property.” NMSA 1978, § 30-15-1 (1963). It is a fourth degree felony when the damage to the property amounts to more than $1000. Id. In this case, we address an issue of first impression: whether the statute criminalizes damage to community property one owns as “property of another.” The district court concluded it does not and dismissed the indictment with prejudice. We agree and affirm.
BACKGROUND
{2} The evidence presented to…
2Cases cited7 opinions
- Sims v. SimsNew Mexico Supreme Court · 1996
- Beals ex rel. Walker v. AresNew Mexico Supreme Court · 1919
- Ruggles v. RugglesNew Mexico Supreme Court · 1993
- Hickson v. HerrmannNew Mexico Supreme Court · 1967
- State v. HicksNew Mexico Court of Appeals · 2002
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Best v. MarinoNew Mexico Court of Appeals · 2017
- Ortiz v. Overland ExpressNew Mexico Court of Appeals · 2009
- State v. EarpNew Mexico Court of Appeals · 2014
- People v. WallaceCalifornia Court of Appeal · 2004
- Best v. MarinoNew Mexico Court of Appeals · 2017
4 more not listed; retrieve them via the Exa API.