STATE v. GONZALEZ

No. 23,711.

107 P.3d 547 (2005)

137 N.M. 107

2005-NMCA-031

STATE of New Mexico, Plaintiff-Appellee, v. Adrian GONZALEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

February 7, 2005.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, Arthur W. Pepin, Elizabeth Blaisdell, Assistant Attorneys General, Albuquerque, NM, for Appellee.

John Bigelow, Chief Public Defender, Jennifer Byrns, Assistant Appellate Defender, Santa Fe, NM, for Appellant.


OPINION

VIGIL, Judge.

{1} The issues in this case are (1) whether the crime of bringing contraband into a jail in violation of NMSA 1978, § 30-22-14(B) (1976), is a strict liability offense and (2) whether fundamental error was committed when the district court failed to include a mental state as an essential element of the crime in its instructions to the jury. We hold that an essential element of the crime is knowing possession of the contraband...

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