Legal Opinion

State v. Hicks

New Mexico Court of Appeals

Decided February 7, 2002No. 21,834PublishedCited by 10 opinions

1Opinion of the Court

OPINION

BOSSON, Chief Judge.

{1} Under New Mexico’s failure to appear statute, a person commits up to a fourth degree felony if, while released pending trial or appeal in a criminal action, he or she “fails to appear before any court ... as required.” NMSA 1978, § 31-3-9 (1999). Defendant appeals his conviction for failure to appear. We discuss the meaning of the statutory language “fails to appear” when, as a condition of release from jail, Defendant was ordered to post bond by a date certain, but was not actually ordered to appear in person. Because the facts of this case do not fall within…

2Cases cited19 opinions

  1. State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
  2. State v. RowellNew Mexico Supreme Court · 1995
  3. State v. OgdenNew Mexico Supreme Court · 1994
  4. Santillanes v. StateNew Mexico Supreme Court · 1993
  5. State v. PeppersNew Mexico Court of Appeals · 1990

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3Cited by10 opinions

  1. State v. Office of the Public Defender Ex Rel. MuqqddinNew Mexico Supreme Court · 2012
  2. State v. McWhorterNew Mexico Court of Appeals · 2005
  3. State v. PowelsNew Mexico Court of Appeals · 2003
  4. State v. SeguraNew Mexico Court of Appeals · 2014
  5. State v. DevineNew Mexico Court of Appeals · 2007

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