Legal Opinion · Dissent

State v. Martinez

New Mexico Supreme Court

Decided March 12, 2002No. 23,463Published

1DissentSerna, Chief Justice

{23} Defendant Frank Martinez pleaded guilty to first degree murder, first degree criminal sexual penetration, conspiracy to commit murder, tampering with evidence, and second degree kidnapping of a twelve year old girl. I would affirm Defendant’s convictions and sentence of death. The majority holds otherwise; thus, respectfully, I dissent. I agree with the majority’s rejection of Defendant’s argument that it was improper for Judge Pope to accept the plea because Judge Pearl was the assigned trial judge. I also agree with the majority’s conclusion that, because a properly reconstructed…

2Cases cited99 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Boykin v. AlabamaSupreme Court of the United States · 1969
  3. North Carolina v. AlfordSupreme Court of the United States · 1970
  4. Malloy v. HoganSupreme Court of the United States · 1964
  5. Michigan v. LongSupreme Court of the United States · 1983

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