STATE v. PADILLA

No. 29,947.

176 P.3d 299 (2008)

2008-NMSC-006

STATE of New Mexico, Plaintiff-Petitioner, v. Felipe PADILLA, Defendant-Respondent.

Supreme Court of New Mexico.

January 8, 2008.


Attorney(s) appearing for the Case

Gary K. King, Attorney. General, Patricia A. Gandert, Assistant Attorney General, Santa Fe, NM, for Petitioner.

John Bigelow, Chief Public Defender, JK Theodosia Johnson, Assistant Appellate Defender, Santa Fe, NM for Respondent.


OPINION

BOSSON, Justice.

{1} Defendant was convicted of the crime of aggravated fleeing a law enforcement officer which elevates to a felony certain willful and careless vehicular flight from a police officer conducting a pursuit "in accordance with the provisions of the Law Enforcement Safe Pursuit Act." NMSA 1978, § 30-22-1.1 (2003). In this opinion, we decide as a matter of first impression whether the State has to prove, as an element of the crime...

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