New Mexico Forms Library

Decision Information

Citations - New Mexico Laws and Court Rules
Rule Set 14 - Uniform Jury Instructions — Criminal - cited by 1,769 documents

Decision Content

14-135. “Use” of a deadly weapon; defined.

“Use” of a deadly weapon during an assault means the following:

1.         A deadly weapon was present at some point during the encounter;

2.         ______________ (name of victim) knew, or based on the defendant’s words or actions, ______________ (name of victim) had reason to know that the defendant had a deadly weapon; and

3.         The defendant intentionally used the presence of the weapon to facilitate the assault.

 

USE NOTES

Use with UJI 14-305 NMRA, UJI 14-306 NMRA, UJI 14-355 NMRA, UJI 14-356 NMRA, UJI 14-375 NMRA, UJI 14-376 NMRA, UJI 14-2202 NMRA, and UJI 14-2203 NMRA.

[Adopted by Supreme Court Order No. S-1-RCR-2023-00030, effective for all cases pending or filed on or after December 31, 2023.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.