New Mexico Supreme Court· 2/1/1988
Ortiz v. State
Citations
- 749 P.2d 80
- 106 N.M. 695
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a conviction for using an altered plate requires 8 findings that the plate was altered with fraudulent intent and that the defendant used 9 the plate knowing that it was altered with fraudulent intent
- reversible error committed where applicable jury instruction failed to substantially track statutory language and failed to apprise jury' of an essential element
- if instructions fail to apprise jury on essential element of an offense, reversible error has been committed
- if proof of element is essential and court fails to instruct thereon, jurisdictional error occurs and issue could be raised on appeal notwithstanding failure to preserve it
- claim of jurisdictional error supported since element was factually in issue
- claim of jurisdictional error supported since element was factually in issue
Source: CourtListener parenthetical corpus (CC0).
Judges: Ransom, Scarborough, Sosa, Walters, Stowers
Read full opinion on CourtListenerCited by
5 cases in this archive cite this case.
- State v. OroscoNew Mexico Supreme Court· 1992-01-07· cited 169×
- State v. OsborneNew Mexico Supreme Court· 1991-04-04· cited 149×
- Santillanes v. StateNew Mexico Supreme Court· 1993-03-01· cited 142×
- State v. CawleyNew Mexico Supreme Court· 1990-10-02· cited 40×
- State v. HargroveNew Mexico Supreme Court· 1989-03-21· cited 27×
Cites
4 cases in this archive are cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
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