Legal Opinion

In Re Larry K.

New Mexico Court of Appeals

Decided May 18, 1999No. 19,633PublishedCited by 9 opinions

1Opinion of the Court

OPINION

PICKARD, Chief Judge.

{1} The State appeals the trial court’s grant of a jury trial to Child. Because this Court has no jurisdiction to entertain the State’s appeal as a writ of error or under an exception to the final judgment rule, we dismiss for lack of jurisdiction.

I. FACTUAL AND PROCEDURAL BACKGROUND

{2} On January 13,1998, the State filed a petition against Child, alleging that he shoplifted a package of beef jerky, contrary to NMSA 1978, § 30-16-20(A)(l) (1987) (shoplifting under $250). On March 9,1998, Child made a demand for a jury trial. On May 20, 1998, the State moved to…

2Cases cited9 opinions

  1. Mitchell v. ForsythSupreme Court of the United States · 1985
  2. Kelly Inn No. 102, Inc. v. KapnisonNew Mexico Supreme Court · 1992
  3. Carrillo v. RostroNew Mexico Supreme Court · 1992
  4. State Ex Rel. Schwartz v. KennedyNew Mexico Supreme Court · 1995
  5. State v. AhasteenNew Mexico Court of Appeals · 1998

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. HeinsenNew Mexico Supreme Court · 2005
  2. State v. JADE G.New Mexico Supreme Court · 2007
  3. State v. HeinsenNew Mexico Court of Appeals · 2004
  4. State v. GriegoNew Mexico Court of Appeals · 2004
  5. State v. CRYSTAL B.New Mexico Court of Appeals · 2000

4 more not listed; retrieve them via the Exa API.

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