State v. Archuleta

OPINION

VIGIL, Judge.

State v. Tower, 2002-NMCA-109, ¶ 9, 133 N.M. 32, 59 P.3d 1264, holds that entry into a commercial business establishment contrary to a no trespass order constitutes an “unauthorized entry” into the business under our commercial burglary statute. The question presented in this case is whether Tower should be overruled in light of our Supreme Court’s opinion in State v. Office of the Public Defender ex rel. Muqqddin, 2012-NMSC-029, 285 P.3d 622. The district court concluded that Tower is no longer viable in light of Muqqddin, and dismissed the indictment charging Defendant…