(DOWNLOAD) "State v. Olguin" by New Mexico Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: State v. Olguin
- Author : New Mexico Court of Appeals
- Release Date : January 30, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
BIVINS, Judge. Ronald G. Olguin (Defendant) appeals his convictions for soliciting a bribe as a member of the legislature under New Mexico
Constitution Article IV, Sections 39-40, demanding or receiving a bribe as a public official under NMSA 1978, Section 30-24-2
(Repl. Pamp. 1984), attempted fraud in excess of $2500 under NMSA 1978, Sections 30-16-6 and 30-28-1 (Repl. Pamp. 1984), and
conspiracy under NMSA 1978, Section 30-28-2 (Repl. Pamp. 1984). He raises the following issues on appeal: (1) Defendant cannot
be convicted of both soliciting a bribe as a member of the legislature and soliciting a bribe as a public official without
violating his double jeopardy rights, or, in the alternative, without offending the general-specific rule; (2) the victim
of the solicitation of a bribe by a member of the legislature here was not "a person or corporation"; (3) the evidence is
insufficient to sustain the convictions; and (4) the trial court erred in (a) admitting the statements of the alleged co-conspirator,
(b) depriving Defendant of his right of confrontation, and (c) ordering incarceration instead of probation. Because the statutory
crime of demanding or receiving a bribe as a public official conflicts with the constitutional crime of soliciting a bribe
as a member of the legislature and is therefore void to the extent that the statute relates to legislators, we set aside Defendant's
conviction under Section 30-24-2. We affirm his remaining convictions.
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