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State v. Linam

90 N.M. 729 (N.M. Ct. App. 1977)
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State v. Linam

5 Citing cases

  1. State v. Ruffins

    109 N.M. 668 (N.M. 1990)   Cited 18 times
    Holding that forgery is completed when a defendant possessing the requisite intent: falsely makes or alters a writing which purports to have legal efficacy, physically delivers a forged writing, or passes an interest in a forged writing

    The commentary also notes that the court of appeals, relying on Uniform Commercial Code (UCC) definitions of the forgery statute's terms, has held that forgery additionally requires an "issuing or transfer of an interest and not merely a physical transfer." See also State v. Linam, 90 N.M. 729, 730, 568 P.2d 255, 256 (Ct.App.), cert. denied, 91 N.M. 3, 569 P.2d 413 (1977); State v. Tooke, 81 N.M. 618, 619, 471 P.2d 188, 189 (Ct.App. 1970). (B) New Mexico Case Law

  2. State v. Stein

    127 N.M. 362 (N.M. Ct. App. 1999)   Cited 24 times
    Concluding sufficiency of the evidence to meet the elements of an offense may be raised for the first time on appeal

    Accordingly, we have held that the question of sufficiency of the evidence to support a conviction may be raised for the first time on appeal. See State v. Linam, 90 N.M. 729, 730, 568 P.2d 255, 256 (Ct.App. 1977), overruled on other grounds by State v. Ruffins, 109 N.M. 668, 789 P.2d 616 (1990). We proceed to determine whether the evidence at trial could support a conviction under Section 30-3-15.

  3. State v. Barraza

    110 N.M. 45 (N.M. Ct. App. 1990)   Cited 41 times
    Holding that there was sufficient evidence to support jury's verdict of CSP II where the victim's personal injury was proved by establishing she suffered mental anguish

    Related to this first concern is whether the evidence at trial of mental anguish was properly admitted and sufficient to establish that element of the offense. See State v. Linam, 90 N.M. 729, 568 P.2d 255 (Ct.App. 1977) (sufficiency of the evidence may be raised for first time on appeal). To prove mental anguish, the prosecution relied on evidence of the victim's mental condition on the night of the offense and on Ms. Curtis' testimony concerning the victim's later emotional state and behavior.

  4. State v. Mirabal

    108 N.M. 749 (N.M. Ct. App. 1989)   Cited 8 times
    Recognizing that “the record must establish that a defendant committed the crime in New Mexico” to satisfy jurisdictional requirements

    As an example, defendant suggests that his act of passing a prescription slip to a pharmacist may be deemed as both an attempted forgery, or a completed forgery, resulting in no meaningful way to distinguish a felony attempt to violate the statute and a misdemeanor attempt to do the same. See State v. Linam, 90 N.M. 729, 568 P.2d 255 (Ct.App. 1977); State v. Tooke, 81 N.M. 618, 471 P.2d 188 (Ct. App. 1970). We disagree with defendant's rationale.

  5. State v. Doe

    95 N.M. 90 (N.M. Ct. App. 1980)   Cited 13 times
    Stating that "not more than one year" language in the previous version of the Code does not authorize the children's court to transfer custody to an agency for specified terms of less than one year because the sentencing is indeterminate and the parole board, not the court, determines the time of release

    Jurisdictional questions may be raised for the first time on appeal. Rule of Crim.App.Proc. 308; see State v. Linam, 90 N.M. 729, 568 P.2d 255 (Ct.App. 1977). Second, the State asserts that any jurisdictional defect was cured by a stipulation.