STATE of New Mexico, Plaintiff-Appellant,
v.
Patrick W. COLE, Defendant-Appellee.
Court of Appeals of New Mexico.https://leagle.com/images/logo.png
June 15, 2007.
June 15, 2007.
Attorney(s) appearing for the Case
Gary K. King, Attorney General Santa Fe, NM, Steven S. Suttle, Assistant Attorney General, Albuquerque, NM, for Appellant.
John Bigelow, Chief Public Defender, Vicki W. Zelle, Assistant Appellate Defender, Santa Fe, NM, for Appellee.
Court of Appeals of New Mexico.
OPINION
BUSTAMANTE, Judge.
{1} This case requires us to decide whether the district court properly dismissed the charge of bringing contraband into jail where law enforcement arrested Defendant and brought him into a detention facility while he possessed the alleged contraband. We conclude that, under these circumstances, the actus reus element of the crime is not met because Defendant did not voluntarily enter the detention facility. Accordingly...
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