State v. Lopez

New Mexico Court of Appeals

State v. Lopez

504 P.2d 1086, 84 N.M. 453

CourtNew Mexico Court of Appeals

DecidedJanuary 3, 1973

Docket976

StatusPublished

Cited by12 cases

This text of 504 P.2d 1086 (State v. Lopez) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Lopez, 504 P.2d 1086, 84 N.M. 453 (N.M. Ct. App. 1973).

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Opinions

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of unlawfully taking a vehicle. Section 64-9-4, N.M.S.A.1953 (2nd Repl.Vol. 9, pt. 2). State v. Austin, 80 N.M. 748, 461 P.2d 230 (Ct.App.1969) held that “criminal intent” is an essential element of this offense. State v. Bachicha (Ct.App.), No. 912, 84 N.M. 397, 503 P.2d 1175 decided October 13, 1972, reviewed the instructions given in that case and held they did not cover the element of criminal intent.

The instructions in this case also do not cover the issue of criminal intent. The State concedes this case cannot be distinguished from Bachicha, supra. Instead, the State attacks the reasoning expressed in Austin, and argues that Bachicha was wrongly decided and should be reversed. We approve the reasoning in Austin and the results in both Austin and Bachicha.

The judgment and sentence is reversed because of the trial court’s failure to instruct on criminal intent. The cause is remanded with instructions to grant Lopez a new trial.

It is so ordered.

HENDLEY, J., concurs. SUTIN, J., dissents (dissenting).

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