STATE v. STEPHENS

No. 12328.

807 P.2d 241 (1991)

111 N.M. 543

STATE of New Mexico, Plaintiff-Appellee, v. Idell STEPHENS, Defendant-Appellant.

Court of Appeals of New Mexico.

February 12, 1991.


Attorney(s) appearing for the Case

Eric D. Dixon, Portales, for defendant-appellant.

Tom Udall, Atty. Gen., Margaret Mc-Lean, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

HARTZ, Judge.

The district court, in a non-jury trial, found defendant guilty of using a telephone to terrify, intimidate, threaten, harass, annoy or offend. NMSA 1978, § 30-20-12 (Repl.Pamp.1984). We reverse because the evidence of guilt was insufficient.

I. FACTS

We view the evidence in the light most favorable to the state, resolving all conflicts and indulging all permissible inferences in favor of the verdict. See State...

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