New Mexico Forms Library

14-1610A. Special verdict; multiple shoplifting incidents within ninety (90) days.¹

If you find the defendant guilty of more than one incident of shoplifting as charged in Count ____ (list count number involving aggregated shoplifting incidents), you must determine if these incidents occurred within a ninety (90)-day period, beginning __________ (date of first shoplifting incident included in count) and ending _________ (date of last shoplifting incident included in count), and indicate your finding below:

(a)       ___________ (name of retailer or store) located at ___________ (address of retailer or store), occurring on _________ (list a specific day) as charged in Count 1(a);

(b)       ___________ (name of retailer or store) located at ___________ (address of retailer or store), occurring on _________ (list a specific day) as charged in Count 1(b).²

USE NOTES

1.         If the prosecution is using the aggregated retail market value of merchandise based on an individual engaging in shoplifting more than once over a ninety (90)-day period under NMSA 1978, Section 30-16-20(D) and there is dispute as to whether the incidents occurred within a ninety (90)-day period, then this special verdict form should be used.

2.         If additional shoplifting incidents occurred and there is dispute as to whether these occurred within the ninety (90)-day period, add lines for each incident included in the ninety (90)-day period requiring further factual resolution.

[Adopted by Supreme Court Order No. S-1-RCR-2025-00167, effective for all cases pending or filed on or after December 31, 2025.]