Legal Opinion

State v. Lopez

New Mexico Court of Appeals

Decided February 8, 1990No. 11099PublishedCited by 9 opinions

1Opinion of the Court

OPINION

HARTZ, Judge.

Defendant appeals his conviction for receiving stolen property. He claims that the district court improperly denied a proposed instruction, that the evidence was insufficient to establish his guilt, that the evidence established entrapment as a matter of law, that he did not knowingly and willingly choose to represent himself, and that the prosecutor committed misconduct requiring reversal. We reverse for failure of the district court to instruct the jury on defendant’s theory of the case. We remand for a new trial, rather than dismiss the charge with prejudice, because…

2Cases cited13 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. State v. LankfordNew Mexico Supreme Court · 1978
  3. State v. BrownNew Mexico Supreme Court · 1984
  4. State v. KraulNew Mexico Court of Appeals · 1977
  5. Esquibel v. StateNew Mexico Supreme Court · 1978

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. HernandezNew Mexico Court of Appeals · 1996
  2. State v. SizemoreNew Mexico Court of Appeals · 1993
  3. Jessica A. Lihlakha v. United StatesDistrict of Columbia Court of Appeals · 2014
  4. State v. SavageNew Mexico Court of Appeals · 1993
  5. State v. SheetzNew Mexico Court of Appeals · 1991

4 more not listed; retrieve them via the Exa API.

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