State v. Stephens

OPINION

BIVINS, Chief Judge.

This appeal raises the question of whether a person who steals property outside New Mexico and brings the stolen property into this state may be prosecuted, convicted, and punished for larceny in New Mexico. The state appeals the dismissal of the criminal complaint charging defendants with larceny over $2,500, or, in the alternative, possession of stolen property having a value over $2,500. We reverse the dismissal of the larceny count and affirm dismissal of the alternative count of possession of stolen property.

Although there were proceedings in the magistrate…