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Gonzales v. State

Nos. 28,108, 28,109 (N.M. Ct. App. 2009)
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Gonzales v. State

3 Citing cases

  1. City of Artesia & Donald N. Raley v. Pub. Emps. Ret. Ass'n of New Mexico

    316 P.3d 188 (N.M. Ct. App. 2013)   Cited 1 times

    {12} The “primary indicator” of legislative intent is the language of the statute. Gonzales v. State Pub. Emps. Ret. Ass'n, 2009–NMCA–109, ¶ 13, 147 N.M. 201, 218 P.3d 1249 (internal quotation marks and citation omitted). “We do not depart from the plain language of a statute unless we must resolve an ambiguity, correct a mistake or absurdity, or deal with a conflict between different statutory provisions.”

  2. State v. Bernard

    2015 NMCA 89 (N.M. Ct. App. 2015)   Cited 42 times
    Concluding that the statute criminalizing possession of a stolen vehicle was ambiguous where the statutory language did not "provide clear guidance as to whether the specific type of [item possessed] may constitute the proper unit of prosecution for multiple violations" and was "silent as to whether the number of [items] unlawfully possessed by a defendant may be charged as separate offenses"

    We first examine the statute's plain language, “which is the primary indicator of legislative intent[.]” Gonzales v. State Pub. Emps. Ret. Ass'n, 2009–NMCA–109, ¶ 13, 147 N.M. 201, 218 P.3d 1249 (internal quotation marks and citation omitted). “In addition to looking at the statute's plain language, we will consider its history and background and how the specific statute fits within the broader statutory scheme.”

  3. Corum v. Roswell Senior Living, LLC

    2010 NMCA 105 (N.M. Ct. App. 2010)   Cited 27 times
    Declining to hold whether the authority to admit another to a nursing home includes authority to sign an arbitration agreement

    Statutory interpretation "should begin with an examination of the statute's language, which is the primary indicator of legislative intent[.]" Gonzales v. State Pub. Employees Ret. Ass'n, 2009-NMCA-109, ¶ 13, 147 N.M. 201, 218 P.3d 1249 (internal quotation marks and citation omitted). "In construing a statute, our charge is to determine and give effect to the Legislature's intent."