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6 New Mexico opinions name it 2 courts 2012–2021 1 in the last five years
The cases below were cited by New Mexico courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Bernalgreen2 sentences2017Bernal, 2006-NMSC-050, ¶ 16 (internal quotation 3 marks and citation omitted). 2015Instead, we adhere to the traditional indicia of distinctness analysis, 7 which “amounts to a canon of construction” designed to ascertain legislative intent. 8 Morro, 1999-NMCA-118, ¶ 11 . 9 {23} Herron v. State, 1991-NMSC-012 , 111 N.M. 357 , 805 P.2d 624 , established 10 the unit of prosecution indicia of distinctness “under the modern analysis.” Bernal, 11 2006-NMSC-050, ¶ 15 . | 3 | 4 |
State v. Garciagreen2 sentences2012See, e.g., State v. Garcia, 2009-NMCA- 13 107, ¶ 10, 147 N.M. 150 , 217 P.3d 1048 (reviewing the indicia of distinctness factors 14 where the defendant challenged his convictions of petty misdemeanor battery and 15 aggravated battery); State v. Stewart, 2005-NMCA-126, ¶ 14 , 138 N.M. 500 , 122 P.3d 16 1269 (reviewing the indicia of distinctness factors where neither party addressed the 17 issue of whether the unit of prosecution is clearly defined in New Mexico’s statute 18 defining battery against a household member). 19 We thus proceed to the second part of our unit-of-prosecution analysis a 2012See, e.g., State v. Garcia, 2009-NMCA- 13 107, ¶ 10, 147 N.M. 150 , 217 P.3d 1048 (reviewing the indicia of distinctness factors 14 where the defendant challenged his convictions of petty misdemeanor battery and 15 aggravated battery); State v. Stewart, 2005-NMCA-126, ¶ 14 , 138 N.M. 500 , 122 P.3d 16 1269 (reviewing the indicia of distinctness factors where neither party addressed the 17 issue of whether the unit of prosecution is clearly defined in New Mexico’s statute 18 defining battery against a household member). 19 We thus proceed to the second part of our unit-of-prosecution analysis a | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Morro
green
2 sentences2015Morro, 1999-NMCA-118, ¶ 11 . {23} Herron v. State, 1991-NMSC-012 , 111 N.M. 357 , 805 P.2d 624 , established the unit 2 Sanchez involved a trial court’s dismissal of an indictment alleging the defendants “received, retained or disposed of 72 different items that belonged to four separate parties.” 1982-NMSC-012 , ¶ 2 (internal quotation marks and citation omitted).The indictment combined the charges into one count, enhancing the crime to a third degree felony. 2015Instead, we adhere to the traditional indicia of distinctness analysis, 7 which “amounts to a canon of construction” designed to ascertain legislative intent. 8 Morro, 1999-NMCA-118, ¶ 11 . 9 {23} Herron v. State, 1991-NMSC-012 , 111 N.M. 357 , 805 P.2d 624 , established 10 the unit of prosecution indicia of distinctness “under the modern analysis.” Bernal, 11 2006-NMSC-050, ¶ 15 . | 2 | 2015–2015 |
Herron v. State
green
2 sentences2015Instead, we adhere to the traditional indicia of distinctness analysis, 7 which “amounts to a canon of construction” designed to ascertain legislative intent. 8 Morro, 1999-NMCA-118, ¶ 11 . 9 {23} Herron v. State, 1991-NMSC-012 , 111 N.M. 357 , 805 P.2d 624 , established 10 the unit of prosecution indicia of distinctness “under the modern analysis.” Bernal, 11 2006-NMSC-050, ¶ 15 . 2015Instead, we adhere to the traditional indicia of distinctness analysis, 7 which “amounts to a canon of construction” designed to ascertain legislative intent. 8 Morro, 1999-NMCA-118, ¶ 11 . 9 {23} Herron v. State, 1991-NMSC-012 , 111 N.M. 357 , 805 P.2d 624 , established 10 the unit of prosecution indicia of distinctness “under the modern analysis.” Bernal, 11 2006-NMSC-050, ¶ 15 . | 2 | 2015–2015 |
State v. Gallegos
green
1 sentence2021Gallegos, 2011-NMSC-027, ¶ 33 . | 1 | 2021–2021 |
State v. Bernard
green
2 sentences2021Cf. State v. Bernard, 2015-NMCA-089, ¶¶ 25-26 , 355 P.3d 831 (“[W]e do not believe that Olsson’s abandonment of Herron[] . . . requires a wholesale departure from an indicia of distinctness analysis if the facts of a unit of prosecution case render such analysis practicable.”). 2021Cf. State v. Bernard, 2015-NMCA-089, ¶¶ 25-26 , 355 P.3d 831 (“[W]e do not believe that Olsson’s abandonment of Herron[] . . . requires a wholesale departure from an indicia of distinctness analysis if the facts of a unit of prosecution case render such analysis practicable.”). | 1 | 2021–2021 |
State v. Stewart
green
2 sentences2012See, e.g., State v. Garcia, 2009-NMCA- 13 107, ¶ 10, 147 N.M. 150 , 217 P.3d 1048 (reviewing the indicia of distinctness factors 14 where the defendant challenged his convictions of petty misdemeanor battery and 15 aggravated battery); State v. Stewart, 2005-NMCA-126, ¶ 14 , 138 N.M. 500 , 122 P.3d 16 1269 (reviewing the indicia of distinctness factors where neither party addressed the 17 issue of whether the unit of prosecution is clearly defined in New Mexico’s statute 18 defining battery against a household member). 19 We thus proceed to the second part of our unit-of-prosecution analysis a 2012See, e.g., State v. Garcia, 2009-NMCA- 13 107, ¶ 10, 147 N.M. 150 , 217 P.3d 1048 (reviewing the indicia of distinctness factors 14 where the defendant challenged his convictions of petty misdemeanor battery and 15 aggravated battery); State v. Stewart, 2005-NMCA-126, ¶ 14 , 138 N.M. 500 , 122 P.3d 16 1269 (reviewing the indicia of distinctness factors where neither party addressed the 17 issue of whether the unit of prosecution is clearly defined in New Mexico’s statute 18 defining battery against a household member). 19 We thus proceed to the second part of our unit-of-prosecution analysis a | 1 | 2012–2012 |