Other issues, which were listed in the docketing statement but not briefed, are abandoned. State v. Romero, 103 N.M. 532, 710 P.2d 99 (Ct.App. 1985). Finally, defendant expressly abandons his issue concerning the racketeering instruction because of his pardon on the racketeering count.
[I]t is apparent that the Legislature intended to make it possible to indecently expose oneself in a private place. Wisneski relies on State v. Romero, 103 N.M. 532, 710 P.2d 99 (Ct.App.), cert. denied, 103 N.M. 525, 710 P.2d 92 (1985). There, the defendant exposed himself to his girlfriend's minor daughter while in the living room of his home, and to her other minor daughter while in the kitchen of his home.
For some, the classification of the location as "private" is dispositive, as Wisneski asserts. Courts in Indiana and New Mexico, for example, interpreting statutes, have held that an indecent exposure occurring inside a private dwelling was not subject to criminal penalties. See Long v. State, 666 N.E.2d 1258, 1261 (Ind.App. 1996) (holding that, although "a private residence or private club is not a public place," the members-only strip club was a public place because membership only cost one dollar and therefore it was open to the public without restraint); State v. Romero, 103 N.M. 532, 710 P.2d 99, 103 (1985) (conviction for indecent exposure in private residence before two children reversed where "[i]t [wa]s undisputed that the acts of defendant upon which the state relied to establish the convictions of indecent exposure occurred within the confines of a private residence . . . [and] were not subject to being viewed by the public generally," meaning they were not "perpetrated in a place accessible or visible to the general public"). But see United States v. Graham, 56 M.J. 266, 269 (U.S.A.F.2002) ("At the onset, we note that Romero represents the minority view, which we generally decline to follow.
Henderson argues that the Court of Appeals has wrongly narrowed the statute with its interpretation of "public view." The Court of Appeals first interpreted the meaning of "public view" in State v. Romero, 103 N.M. 532, 536, 710 P.2d 99, 103 (Ct.App.), cert. denied, 103 N.M. 525, 710 P.2d 92 (1985). After an extensive inquiry into the history of the offense, the Court determined that the legislature intended the offense to be committed only if it is "intentionally perpetrated in a place accessible or visible to the general public."
Issues not briefed are abandoned. State v. Romero, 103 N.M. 532, 710 P.2d 99 (Ct.App.), cert. denied, 103 N.M. 525, 710 P.2d 92 (1985). We affirm.
Indecent exposure and particular acts and forms of lewdness or gross indecency with respect to sexual relations constituted criminal offenses at common law. State v. Romero, 103 N.M. 532, 534, 710 P.2d 99, 101 (App. 1985), cert. denied, 103 N.M. 525, 710 P.2d 92 (1985); Annot., 96 A.L.R.3d 692, 693 (1979). At common law, the elements of indecent exposure were the willful exposure of the person in a public place in the presence of others.
The issues raised in defendant's docketing statement, but not briefed, are deemed abandoned. State v. Romero, 103 N.M. 532, 710 P.2d 99 (Ct.App. 1985). We affirm.
Haar , 1990-NMCA-076, ¶ 12, 110 N.M. 517, 797 P.2d 306. {19} We reached the same conclusion in State v. Romero , 1985-NMCA-096, ¶¶ 5-20, 103 N.M. 532, 710 P.2d 99, wherein we analyzed NMSA 1978, Section 30-9-14 (1975, amended 1996), which defined indecent exposure as "a person knowingly and intentionally exposing his primary genital area to public view." We noted that "it is not necessary that the exposure be made with the intent that some particular person see it, but only that the exposure be made where it is subject to being viewed by a person or persons which the law seeks to protect from exposure to such lewd conduct."
One issue, listed in the docketing statement but not addressed in the memorandum in opposition, is deemed abandoned. See State v. Romero, 103 N.M. 532, 710 P.2d 99 (Ct.App. 1985). The only remaining issue is whether jeopardy attaches in juvenile adjudicatory hearings once a special master begins to hear evidence.
Other issues listed in the docketing statement but not briefed are deemed abandoned. State v. Romero, 103 N.M. 532, 710 P.2d 99 (Ct.App. 1985). We affirm.