This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Defendant was charged with one count of forgery. The charge arose from conduct that the Defendant argued should have been included in a prior prosecution. The Defendant entered a conditional guilty plea, reserving the right to appeal the denial of his motion to dismiss the indictment. (headnotes)
Procedural History
- District Court of Doña Ana County: The court denied the Defendant's motion to dismiss the indictment and entered a judgment and sentence on one count of forgery following the Defendant's conditional guilty plea. (headnotes)
Parties' Submissions
- Defendant-Appellant: Argued that the forgery charge should have been included in a prior prosecution and moved to dismiss the indictment. (headnotes)
- State-Appellee: Did not oppose the appellate court's proposed reversal of the district court's decision. (headnotes)
Legal Issues
- Whether the forgery charge should have been included in a prior prosecution, thereby barring the current indictment. (headnotes)
Disposition
- The Court of Appeals reversed the district court's judgment and sentence. (headnotes)
Reasons
Per Cynthia A. Fry, Chief Judge (Jonathan B. Sutin and Roderick T. Kennedy, JJ., concurring):
The Court of Appeals determined that the forgery charge should have been included in a prior prosecution. The State did not file a memorandum opposing the appellate court's proposed reversal. Consequently, the appellate court reversed the district court's judgment and sentence. (headnotes)