NMCA: Instructing jury on offense for which the defendant was never charged is fundamental error
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 … Continue reading
Posted in New Mexico Court of Appeals, Opinions and Analysis
Tagged Fundamental Error, Judge Monica Zamora, Jury Instructions, State v. Grubb
Comments Off on NMCA: Instructing jury on offense for which the defendant was never charged is fundamental error
