Skip to main content

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 CourtListener

Cited by

5 cases in this archive cite this case.

Cites

4 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.