(DOWNLOAD) "State V. Landers" by New Mexico Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: State V. Landers
- Author : New Mexico Court of Appeals
- Release Date : January 09, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Defendant appeals the trial court's judgment and sentence on two counts of criminal sexual contact of a minor (CSCM) under NMSA 1978, Section 30-9-13(A) (Cum.Supp.1990). He argues that: (1) the trial court's failure to instruct on the lawfulness of the touching that formed the basis of the charges was fundamental error; (2) a statement made by the prosecutor was prejudicial error; (3) the admission of evidence of prior "bad" acts was prejudicial error; and (4) the evidence was insufficient to support his convictions. Because we hold that the facts did not place lawfulness at issue, the trial court's failure to instruct on that issue was not fundamental error. We additionally hold that the prosecutor's isolated comment was not prejudicial, that the trial court did not abuse its discretion in admitting evidence of defendant's prior acts with the victim, and that the evidence was sufficient to support the verdict. We thus affirm defendant's convictions.
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