State v. Rosaire

OPINION

MINZNER, Justice.

1. The State of New Mexico appeals from a decision by the Court of Appeals reversing a conviction following a jury trial on the basis of an error in a uniform jury instruction. See State v. Rosaire, 1996 NMCA 115, ¶ 1, 123 N.M. 250, 939 P.2d 597. Rosaire had been convicted of escape from an inmate-release program, contrary to NMSA 1978, Section 33-2-46 (1980). On appeal to the Court of Appeals, Rosaire argued that the trial court failed to instruct the jury on an essential element of the crime. The Court of Appeals agreed and granted Rosaire a new trial. On appeal to…