City of Roswell v. Hancock

OPINION

DONNELLY, J.

{1} Appellant appeals from a judgment convicting him of maintaining unsanitary or hazardous premises, contrary to Roswell, N.M., Ordinance Section 19-6 (Supp. Nos. 2 & 10). On appeal we consider Appellant’s (1) claim of double jeopardy based upon a prior dismissal and a prior acquittal in separate proceedings involving the same charges, (2) defense of collateral estoppel, (3) claim of insufficiency of the evidence, and (4) challenge to the constitutionality of the city ordinance. For the reasons discussed herein, we affirm.

FACTS AND PROCEDURAL POSTURE

{2} Appellant has been…