(Download) "State v. Schackow" by In the Court of Appeals of the State of New Mexico ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Schackow
- Author : In the Court of Appeals of the State of New Mexico
- Release Date : January 21, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
1 Defendant appeals his judgment and sentence convicting him of assault with intent to commit a violent felony, attempt to commit criminal sexual penetration in the third degree (attempted CSP III), and attempt to commit kidnapping in the second degree (attempted kidnapping II). On appeal, Defendant raises three issues. First, Defendant asserts that two of his convictions violate the prohibition against double jeopardy. Second, Defendant argues that the district court erred by excluding from evidence photographs of Defendants face after he was beaten by three men, one of whom was a testifying witness. Third and lastly, pursuant to State v. Franklin, 78 N.M. 127, 129, 428 P.2d 982, 984 (1967), and State v. Boyer, 103 N.M. 655, 658-60, 712 P.2d 1, 4-6 (Ct. App. 1985), Defendant challenges the sufficiency of the evidence to support all of his convictions. We hold that Defendants convictions for attempted CSP III and assault with intent to commit a violent felony violate the protection against double jeopardy, and vacate the conviction for attempted CSP III. Because we find no merit in Defendants remaining arguments, we affirm his convictions for attempted kidnapping II and assault with the intent to commit a violent felony.
 "State v. Schackow" by In the Court of Appeals of the State of New Mexico ~ eBook PDF Kindle ePub Free){kind=link}