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NMCA: Instructing jury on offense for which the defendant was never charged is fundamental error

by Emil J. Kiehne Posted on October 3, 2019

The defendant was charged with escape from jail, but the jury was instructed on the separate offense of escape from an inmate-release program. No objection was made.

In State v. Grubb (opinion by Chief Judge Monica Zamora), the Court of Appeals held that this was fundamental error, and ordered a new trial.

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This entry was posted in New Mexico Court of Appeals, Opinions and Analysis and tagged Fundamental Error, Judge Monica Zamora, Jury Instructions, State v. Grubb. Bookmark the permalink.
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