State v. Alvarado
New Mexico Court of Appeals
1Opinion of the Court
OPINION
CASTILLO, Chief Judge.
{1} Defendant was charged with first degree murder contrary to NMSA 1978, Section 30-2-1 (A)(3) (1994), and tampering with evidence contrary to NMSA 1978, Section3022-5 (2003), in connection with a drive-by shooting which occurred on March 18, 2010. Defendant was acquitted by a jury of the underlying murder and convicted of tampering with evidence. The district court sentenced Defendant for fourth degree felony tampering with evidence of an “indeterminate” crime. The State now appeals, arguing that the district court erred in sentencing Defendant for fourth degree…
2Cases cited8 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- State v. FrawleyNew Mexico Supreme Court · 2007
- Blaze Construction Co. v. Taxation & Revenue DepartmentNew Mexico Supreme Court · 1994
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3Cited by10 opinions
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- State v. HerreraNew Mexico Court of Appeals · 2013
- State v. RadosevichNew Mexico Court of Appeals · 2016
- State v. SanchezNew Mexico Court of Appeals · 2015
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