Legal Opinion
State v. Grace
New Mexico Court of Appeals
Decided September 10, 1999No. 19530PublishedCited by 14 opinions
1Opinion of the Court
OPINION
WECHSLER, Judge.
{1} Defendant Joseph Grace appeals his conviction for driving while intoxicated (DWI), arguing that he was entitled to a jury trial in district court. Defendant also claims that there was insufficient evidence to prove “driving activity.” We hold that Defendant was entitled to a jury trial in the district court and therefore reverse his conviction and remand for a new trial. Because the State could not retry Defendant if it produced insufficient evidence in district court, we address the issue and hold that the State presented sufficient evidence of driving activity.
Proc…
2Cases cited10 opinions
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Baldwin v. New YorkSupreme Court of the United States · 1970
- State v. AnayaNew Mexico Supreme Court · 1996
- Boone v. StateNew Mexico Supreme Court · 1986
- State v. LyonNew Mexico Court of Appeals · 1985
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. JohnsonNew Mexico Supreme Court · 2000
- State v. LaneyNew Mexico Court of Appeals · 2003
- State v. HerreraNew Mexico Court of Appeals · 2013
- State v. MaestasNew Mexico Court of Appeals · 2007
- State v. SimsNew Mexico Court of Appeals · 2007
9 more not listed; retrieve them via the Exa API.