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STATE v. KLEMPT

No. 16149.

910 P.2d 326 (1995)

121 N.M. 250

STATE of New Mexico, Plaintiff-Appellee, v. Michael Edward KLEMPT, Defendant. In the Matter of Kyle HINKLE, Appellant.

Court of Appeals of New Mexico.

December 6, 1995.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Joel Jacobsen, Assistant Attorney General, Santa Fe, for Plaintiff-Appellee.

C. Barry Crutchfield, Templeman and Crutchfield, Lovington, for Appellant.

OPINION

HARTZ, Judge.

1. Kyle Hinkle appeals an order holding him in criminal contempt of court for failing to comply with a subpoena. Hinkle contends that the evidence is insufficient to support the order. To resolve this contention we must consider an issue of first impression in New Mexico—the propriety of an on-call subpoena. We affirm.

FACTS

2. On July 28, 1994 Hinkle, who at the time was a sergeant detective with the...

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