Legal Opinion

State v. Stewart

New Mexico Court of Appeals

Decided August 24, 2005No. 24,624PublishedCited by 7 opinions

1Opinion of the Court

OPINION

KENNEDY, Judge.

{1} Defendant appeals his convictions for two separate counts of battery against a household member, two counts of aggravated battery, one count of child abuse, and negligent cruelty to animals. His convictions stem from when Defendant, over a five-hour period, alternately slapped, punched, and kicked his girlfriend Lynda Wilkins (Mother), her thirteen-month-old son (Child), and the family’s puppy. Defendant argues that his two separate convictions for battery against Mother violated double jeopardy because Defendant’s assaults were not sufficiently distinct. Defendant…

2Cases cited19 opinions

  1. Swafford v. StateNew Mexico Supreme Court · 1991
  2. State v. ApodacaNew Mexico Supreme Court · 1994
  3. Santillanes v. StateNew Mexico Supreme Court · 1993
  4. Herron v. StateNew Mexico Supreme Court · 1991
  5. State v. MeadorsNew Mexico Supreme Court · 1995

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3Cited by7 opinions

  1. United States v. Ramon SilvaCourt of Appeals for the Tenth Circuit · 2010
  2. State v. SchoonmakerNew Mexico Supreme Court · 2008
  3. State v. LopezNew Mexico Court of Appeals · 2008
  4. State v. CookNew Mexico Court of Appeals · 2006
  5. State v. CookNew Mexico Court of Appeals · 2006

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