State v. Fuentes
| Decision Date | 21 March 1973 |
| Docket Number | No. 1064,1064 |
| Citation | 1973 NMCA 45,508 P.2d 27,84 N.M. 757 |
| Parties | STATE of New Mexico, Plaintiff-Appellee, v. Domingo FUENTES, Defendant-Appellant. |
| Court | Court of Appeals of New Mexico |
Brian W. Copple, Roswell, for defendant-appellant.
David L. Norvell, Atty. Gen., Harvey B. Fruman, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.
CERTIFICATION TO THE SUPREME COURT
Defendant's appeal from his conviction of and sentence for distribution of a controlled substance raises an issue as to the jury instructions concerning the requisite intent to commit that crime.
The New Mexico Supreme Court has granted certiorari in State v. Lopez (Ct.App.), 84 N.M. 453, 504 P.2d 1086, decided November 17, 1972, and State v. Gunzelman (Ct.App.), 84 N.M. 451, 504 P.2d 1084, decided November 30, 1972. The Lopez and Gunzelman decisions are both concerned with instructions to the jury concerning the requisite intent for the crimes involved in those cases.
By the grant of certiorari, it appears to this Court that the New Mexico Supreme Court has indicated that the matter of instructions concerning the requisite intent is one of substantial public interest that should be decided by that Court.
Certiorari was granted in the Lopez and Gunzelman cases on January 3, 1973, and those cases are presently pending before that Court. On the basis of the foregoing and pursuant to § 16--7--14(C)(2), N.M.S.A.1953 (Repl.Vol. 4), this case is certified to the New Mexico Supreme Court for decision.
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State v. Puga
... ... that such was the legislative intent ... ' State v. Craig, 70 N.M. 176, 372 P.2d 128 (1962) and State v. Lawson, 59 N.M. 482, 286 P.2d 1076 (1955) applied this rule as to criminal intent. This court has applied this rule in numerous cases; recent ones are State v. Fuentes, (Ct.App., 84 N.M. 757, 508 P.2d 27) (1973); State v. Pedro, 83 N.M. 212, 490 P.2d 470 (Ct.App.1971). It does not clearly appear from § 40A--16--2, supra, that the Legislature intended to make robbery a crime without regard to the intent with which the act is done. Thus, robbery does require a ... ...
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Fuentes v. State
...withdraw application for writ of certiorari be and the same is hereby granted. Further ordered that the record in Court of Appeals 84 N.M. 757, 508 P.2d 27, be and the same is hereby returned to the Clerk of the Court of ...