Legal Opinion

State v. Montoya

New Mexico Court of Appeals

Decided April 27, 2010No. 28,995; 32,420PublishedCited by 1 opinion

1Opinion of the Court

OPINION

VANZI, Judge.

{1} Defendant Daniel Montoya was convicted in a jury trial of the unlawful taking of a motor vehicle and sentenced to three years unsupervised probation. Defendant appeals his conviction and sentencing, asserting that at the time of the proceedings, he was not competent to stand trial.

{2} In this case, defense counsel attempted to raise the issue of Defendant’s competency before, during, and after trial; however, the district judge refused to allow counsel to raise the issue until after Defendant had been convicted of the charges against him. After trial, but prior to…

2Cases cited9 opinions

  1. Drope v. MissouriSupreme Court of the United States · 1975
  2. State v. DeGraffNew Mexico Supreme Court · 2006
  3. State v. DuarteNew Mexico Court of Appeals · 1996
  4. State v. LopezNew Mexico Supreme Court · 1978
  5. State v. FloresNew Mexico Court of Appeals · 2005

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3Cited by1 opinion

  1. State v. CalabazaNew Mexico Court of Appeals · 2011

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