New Mexico v. Begaye (Published Opinion)
Annotate this CaseDefendant Franklin Begaye was convicted of nonresidential burglary and breaking and entering. He contended these convictions violated his right to be free from double jeopardy. The district court determined that the nonresidential burglary and breaking and entering charges did not violate double jeopardy. The Court of Appeals affirmed the district court. The New Mexico Supreme Court concluded that its guidance in New Mexico v. Porter, 476 P.3d 1201, resolved the issue, this appeal indicated that confusion persisted within the Court's double jeopardy jurisprudence warranting further clarification. The Court concluded here that Defendant’s right to be free from double jeopardy was violated when he was convicted for both breaking and entering and nonresidential burglary because the underlying conduct was unitary and, under the State’s theory, the burglary offense subsumed the breaking and entering offense. “[I]f we determine that one of the offenses subsumes the other offense, the double jeopardy prohibition is violated, and punishment cannot be had for both.” Accordingly, the judgment was reversed and the case remanded for further proceedings.
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