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84 N.M. 756

State v. Puga

New Mexico Court of Appeals

Decided March 21, 1973

New Mexico Court of Appeals · decided 1973-03-21

Cited by 5 later decisions — most recently December 1985

5 state decisions

Relies on State v. Lopez · State v. Gunzelman

Good law ✅— No negative treatment on recordhow we know

Decided 1973-03-21

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¶1CERTIFICATION TO THE SUPREME COURT

WOOD, Chief Judge.

¶2Defendant’s appeal from his conviction of and sentence for robbery raises an issue as to the jury instructions concerning the requisite intent to commit that crime.

¶3The New Mexico Supreme Court has granted certiorari in State v. Lopez (Ct.App.), 84 N.M. 453, 504 P.2d 1086, decided November 17, 1972, and State v. Gunzelman (Ct.App.), 84 N.M. 451, 504 P.2d 1084, decided November 30, 1972. The Lopes and Gunsehnan decisions are both concerned with instructions to the jury concerning the requisite intent for the crimes involved in those cases.

¶4By the grant of certiorari, it appears to this Court that the New Mexico Supreme Court has indicated that the matter of instructions concerning the requisite intent is one of substantial public interest that should be decided by that Court.

¶5Certiorari was granted in the Lopez and Gunzelman cases on January 3, 1973, and those cases are presently pending before that Court.

¶6On the basis of the foregoing and pursuant to § 16-7-14(C)(2), N.M.S.A.1953 (Rcpl.Vol. 4), this case is certified to the New Mexico Supreme Court for decision.

HENDLEY and HERNANDEZ, JJ., concur.
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