(Download) "State v. Rojo" by New Mexico Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: State v. Rojo
- Author : New Mexico Supreme Court
- Release Date : January 03, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Ross C. Sanchez, District Judge OPINION {1} Defendant appeals his convictions for first degree murder, tampering with evidence, and kidnapping. On appeal, Defendant asserts that (1) there was insufficient evidence to support any of his convictions; (2) the district court violated his constitutional right to be free from double jeopardy by convicting and sentencing him for both murder and kidnapping; (3) the district court erred in denying his motion to disclose the identity of a confidential informant or conduct an in camera review under Rule 11-510 NMRA 1998; (4) the district court erred in admitting hearsay testimony and evidence of his alleged prior violent acts toward the victim; (5) he was denied his constitutional right to a speedy trial; (6) he was denied a fair trial due to prosecutorial misconduct; (7) the State violated the discovery requirements of Rule 5-501 NMRA 1998; (8) he received ineffective assistance of counsel; and (9) he was deprived of a fair trial due to the cumulative errors committed at trial. We reverse Defendant's conviction for kidnapping because it is not supported by substantial evidence, and therefore we need not reach Defendant's claim of double jeopardy. Finding no merit in Defendant's claims regarding the remaining issues, we affirm his convictions for first degree murder and tampering with evidence. I. Background {2} Between 10:30 and 11:30 p.m. on the evening of December 20, 1994, a junk collector discovered the body of a seventeen-year-old female in a dumpster in Albuquerque. The victim's body was found nude, duct-taped into a fetal position and wrapped in plastic garbage bags. There was another plastic bag over the victim's head, and a jump rope was tied around her neck. The victim's clothing also was found in the dumpster, but there was no evidence that her clothes were torn from her body. The individual who discovered the body immediately alerted the authorities.
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