[Download] "State V. Jones" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: State V. Jones
- Author : New Mexico Court of Appeals
- Release Date : January 10, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Defendant appeals his conviction on one count each of trafficking cocaine, battery upon a peace officer, and resisting a peace officer. He makes four arguments on appeal: (1) the cocaine the police found on him was the fruit of an illegal search, so the trial court should have suppressed all evidence of matters the police found and events taking place after the frisk; (2) the prosecutor's repeated reference to a national cocaine problem during voir dire compels a retrial; (3) the prosecutor's repeated references implying a personal opinion on defendant's guilt compels a retrial; and (4) the trial court should have instructed the jury on a lesser included offense of simple battery because there was evidence that the police were acting illegally. We reverse on the suppression issue and remand all counts for retrial.