(Download) "State v. Alderette" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Alderette
- Author : New Mexico Court of Appeals
- Release Date : January 13, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The state appeals the dismissal of charges against defendant for escape from jail contrary to NMSA 1978, Section §30-22-8 (Repl. Pamp. 1984). Defendant allegedly was committed to the Bernalillo County Detention Center (jail) for civil contempt for failure to pay child support. While on work release, defendant failed to return to jail. He was indicted for escape from jail. In a motion to dismiss the charges, defendant argued that in order to be charged with escape from jail, he had to have been committed to the jail under a criminal conviction or charge. State v. Garcia, 98 N.M. 585, 651 P.2d 120 (Ct. App. 1982) ("98 Garcia "). The trial court agreed and dismissed the charges. We hold that the escape from jail statute does not require commitment on a criminal charge and expressly overrule 98 Garcia to the extent it holds to the contrary. Because 98 Garcia authoritatively construed Section §30-22-8 as encompassing escapes by persons held on criminal charges, that construction, although incorrect, was the law in New Mexico until today. To apply Section §30-22-8 to defendant would violate constitutional Due Process. Therefore, dismissal was proper, and we affirm.
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