STATE v. ELLIOTT

No. 21,463.

37 P.3d 107 (2001)

131 N.M. 390

2001-NMCA-108

STATE of New Mexico, Plaintiff-Appellee, v. Leslie Eugene ELLIOTT, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted December 7, 2001.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, M. Anne Kelly, Ass't Attorney General, Albuquerque, NM, for Appellee.

Phyllis H. Subin, Chief Public Defender, Trace L. Rabern, Ass't Appellate Defender, Santa Fe, NM, for Appellant.


Certiorari Granted, No. 27,207, December 7, 2001.

OPINION

PICKARD, Judge.

{1} Defendant appeals from the judgment and sentence imposed after he was convicted by a jury of felony failure to appear, contrary to NMSA 1978, § 31-3-9 (1973, prior to 1999 amendment). Defendant raises five issues: (1) whether the jury instructions were flawed insofar as they omitted an element of the offense, improperly shifted the burden of proof to Defendant...

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