Legal Opinion
State v. Sotelo
New Mexico Court of Appeals
Decided November 8, 2012No. 33,936; 33,953; Docket 31,061PublishedCited by 19 opinions
1Opinion of the Court
OPINION
BUSTAMANTE, Judge.
{1} Appellant’s motion for rehearing is granted. The opinion filed in this case on October 24, 2012, is withdrawn and this Opinion is substituted in its place.
{2} Defendant appeals his convictions for kidnapping, battery on a household member, and intimidation of a witness on grounds that (1) the district court erred in denying an instruction on the lesser-included offense of false imprisonment, (2) convictions for kidnapping and battery violate the prohibition against double jeopardy, (3) the conduct constituting kidnapping was incidental to the battery, and (4) his…
2Cases cited49 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. DanielsCalifornia Supreme Court · 1969
- Swafford v. StateNew Mexico Supreme Court · 1991
- State v. TollardoNew Mexico Supreme Court · 2012
- State v. SalamonSupreme Court of Connecticut · 2008
44 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. MontoyaNew Mexico Court of Appeals · 2015
- State v. MontoyaNew Mexico Supreme Court · 2015
- State v. OrtegaNew Mexico Supreme Court · 2014
- State v. FavelaNew Mexico Court of Appeals · 2013
- State v. Rael-GallegosNew Mexico Court of Appeals · 2013
14 more not listed; retrieve them via the Exa API.