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STATE v. PENA

No. 14824.

873 P.2d 274 (1994)

117 N.M. 528

STATE of New Mexico, Plaintiff-Appellee, v. James PENA, Defendant-Appellant.

Court of Appeals of New Mexico.

March 11, 1994.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Max Shepherd, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

David R. Yepa, Peter C. Chestnut, Ann Berkley Rodgers, Albuquerque, for defendant-appellant.

OPINION

PICKARD, Judge.

This case presents the question of whether the State has criminal jurisdiction over a Native American accused of committing a crime on another tribe's reservation. We hold that the State has no such jurisdiction under the circumstances of this case.

Defendant is an enrolled member of the San Ildefonso Pueblo. In February 1993, Defendant was stopped by a state patrol officer on State Highway 84-285, Milepost 173, and...

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