Legal Opinion
State v. Rodriguez
New Mexico Court of Appeals
Decided April 3, 1984No. 7494PublishedCited by 27 opinions
1Opinion of the Court
OPINION
BIVINS, Judge.
Pursuant to NMSA 1978, § 39-3-3(B)(l) the State appeals from a district court order dismissing a charge of burglary against defendant. The sole issue on appeal is whether reaching into the bed of a pickup truck with the intent to commit a felony may constitute a burglary within the meaning of NMSA 1978, § 30-16-3.
The record indicates that the State charged defendant with burglary and larceny after the victim saw him taking a tool box from the bed of her pickup truck. The parties appear to agree that the tool box was lying in an open and uncovered area of the truck.
Burglary…
2Cases cited10 opinions
- State v. TrujilloNew Mexico Court of Appeals · 1973
- Bokum Resources Corp. v. New Mexico Water Quality Control CommissionNew Mexico Supreme Court · 1979
- State v. OrtizNew Mexico Court of Appeals · 1978
- People v. DavisAppellate Court of Illinois · 1977
- Smith v. First Judicial District CourtNevada Supreme Court · 1959
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. JAVIER M.New Mexico Supreme Court · 2001
- State Ex Rel. Klineline v. BlackhurstNew Mexico Supreme Court · 1988
- State v. Office of the Public Defender Ex Rel. MuqqddinNew Mexico Supreme Court · 2012
- State v. FoulenfontNew Mexico Court of Appeals · 1995
- Richardson v. StateCourt of Criminal Appeals of Texas · 1994
22 more not listed; retrieve them via the Exa API.