STATE v. PADILLA

Nos. 15098, 15127.

678 P.2d 686 (1984)

101 N.M. 58

STATE of New Mexico, Petitioner, v. George PADILLA, Respondent. STATE of New Mexico, Petitioner, v. Charles FUGATE, Respondent.

Supreme Court of New Mexico.

March 1, 1984.


Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for petitioner.

Janet Clow, Chief Public Defender, Henry R. Quintero, Asst. App. Defender, Santa Fe, for respondent Padilla.

Linda Fischer, Hobbs, for respondent Fugate.


OPINION

FEDERICI, Chief Justice.

These cases have been consolidated since they present the same principal question on appeal. Both of these cases, State v. Padilla and State v. Fugate, involve the question of whether the "jurisdictional exception," as applied to double jeopardy claims, is still the law in New Mexico. We hold that it is.

Defendant Padilla was involved in an altercation with several police officers which resulted from...

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