Supreme Court of New Mexico
Decision Information
State v. Brooks - cited by 96 documents
State v. Castrillo - cited by 171 documents
Decision Content
BROWN V. STATE, 1978-NMSC-004, 91 N.M.
349, 573 P.2d 1204 (S. Ct. 1978)
CASE HISTORY ALERT: see ¶2 - affects
1955-NMSC-002
Charles BROWN, Petitioner,
vs.
STATE of New Mexico, Respondent.
No. 11716
SUPREME COURT OF NEW MEXICO
1978-NMSC-004, 91 N.M. 349, 573 P.2d 1204
January 17, 1978
COUNSEL
William D. Teel, John Walker, Asst. Public Defenders, Albuquerque, for petitioner.
Toney Anaya, Atty. Gen., Paquin M. Terrazas, Asst. Atty. Gen., Santa Fe, for respondent.
JUDGES
FEDERICI, J., wrote the opinion. McMANUS, C.J., and SOSA, EASLEY and PAYNE, JJ., concur.
OPINION
{*350} ORDER
FEDERICI, Justice.
{1} The writ of certiorari heretofore granted is quashed as improvidently issued.
{2} The case of State v. Castrillo, 90 N.M. 608, 566 P.2d 1146 (1977), upon which petitioner relies, is not applicable to the present case. The first trial in the present case was concluded on November 18, 1976. The Castrillo opinion was not filed until July 8, 1977. The Castrillo case made it clear that it should not be applied retroactively: "The holding in Brooks [ State v. Brooks, 59 N.M. 130, 279 P.2d 1048 (1955)] will no longer be applicable in New Mexico. Henceforth ,..." (Emphasis added.)
{3} Even if the Castrillo case were deemed by us to apply, the trial judge in the first trial determined that the jury had not reached a unanimous decision on any of the offenses charged and, therefore, petitioner was not placed in jeopardy.
{4} IT IS SO ORDERED.
McMANUS, C.J., and SOSA, EASLEY and PAYNE, JJ., concur.