Legal Opinion
State v. Martinez
New Mexico Court of Appeals
Decided September 12, 1978No. 3620PublishedCited by 15 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Defendant was convicted of two counts of fraud over $2,500. We are not concerned here with defendant’s appeal. After the verdicts were returned, the trial court held that conviction of one of the counts was barred by the statute of limitation. The State has appealed that ruling. We discuss: (1) commencement of prosecution; (2) tolling; and (3) whether tolling may be applied.
Commencement of Prosecution
A criminal complaint was filed in magistrate court on August 5, 1977 charging that defendant committed fraud over $2,500 on August 7, 1974. On August 25, 1977 an…
2Cases cited16 opinions
- United States v. Frank Grady and John JankowskiCourt of Appeals for the Second Circuit · 1976
- United States v. James PanebiancoCourt of Appeals for the Second Circuit · 1976
- Montoya v. McManusNew Mexico Supreme Court · 1961
- Wilson v. Rowan Drilling Co.New Mexico Supreme Court · 1950
- State v. FogelCourt of Appeals of Arizona · 1972
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. MarshallNew Mexico Court of Appeals · 2004
- State v. CawleyNew Mexico Supreme Court · 1990
- State v. MartinezNew Mexico Court of Appeals · 1979
- State v. TowerNew Mexico Court of Appeals · 2002
- Hannett v. JonesNew Mexico Supreme Court · 1986
10 more not listed; retrieve them via the Exa API.