State v. Puga

Decision Date21 March 1973
Docket NumberNo. 1046,1046
Citation84 N.M. 756,1973 NMCA 44,508 P.2d 26
PartiesSTATE of New Mexico, Plaintiff-Appellee, v. Jimmy PUGA, Defendant-Appellant.
CourtCourt of Appeals of New Mexico

John M. Wells, Robert A. Martin, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Prentis Reid Griffith, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

CERTIFICATION TO THE SUPREME COURT

WOOD, Chief Judge.

Defendant's appeal from his conviction of and sentence for robbery raises an issue as to the jury instructions concering 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.

HENDLEY and HERNANDEZ, JJ., concur.

To continue reading

Request your trial
4 cases
  • Deer Mesa Corp. v. Los Tres Valles Special Zoning Dist. Com'n
    • United States
    • Court of Appeals of New Mexico
    • December 5, 1985
    ... ...         (6) The proposed Deer Mesa Subdivision is in compliance with applicable state and county subdivision laws and regulations ...         (7) The District contains approximately 50,000 acres, and Deer Mesa's ninety-one ... See State v. Puga, 84 N.M. 756, 508 P.2d 26 (Ct.App.1973), 85 N.M. 204, 510 P.2d 1075 (Ct.App.1973) ...         Deer Mesa asserts this case "should" be ... ...
  • State v. Puga
    • United States
    • Court of Appeals of New Mexico
    • May 23, 1973
    ...on February 26, 1973, and at that time was clearly within our jurisdiction. Section 16--7--8, N.M.S.A.1953 (Repl.Vol. 4). On March 21, 1973, 84 N.M. 756, 508 P.2d 26, we certified the case to the New Mexico Supreme Court. We did so because the Supreme Court had granted certiorari in other c......
  • State v. Jones
    • United States
    • Court of Appeals of New Mexico
    • July 18, 1973
    ...or where the terms of the statute define the element, further definition is unnecessary. State v. Gunzelman, supra; State v. Puga, 84 N.M. 751, 508 P.2d 26 (1973). However, assault is a term of art, susceptible to different meanings. The Attorney General at oral argument defined assault as,......
  • Torres' Estate, In re
    • United States
    • New Mexico Supreme Court
    • March 23, 1973

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT