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STATE v. GONZALES

No. 16677.

940 P.2d 185 (1997)

123 N.M. 337

1997-NMCA-039

STATE of New Mexico, Plaintiff-Appellant, v. Joe GONZALES, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied May 20, 1997.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, M. Anne Wood, Assistant Attorney General, Santa Fe, for Plaintiff-Appellant.

Paul J. Kennedy, Albuquerque, for Defendant-Appellee.

OPINION

BOSSON, Judge.

1. This case presents a double jeopardy question of first impression in New Mexico: Whether Defendant, who was found to be in contempt for violating a domestic violence order, may subsequently be prosecuted for substantive criminal offenses stemming from the same conduct that gave rise to the contempt adjudication. In the case before us, we hold that the Double Jeopardy Clause does not bar such subsequent prosecution. We reverse...

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