New Mexico Supreme Court

State v. Gonzalez

March 28, 20132013 NMSC 16

Summary

The New Mexico Supreme Court affirmed the Court of Appeals, holding that double jeopardy bars a subsequent vehicular homicide prosecution after the child‑abuse convictions were reversed for insufficient evidence, and that the mandatory compulsory joinder rule likewise prohibits a piecemeal prosecution. The Court reasoned that a reversal on insufficiency functions as an acquittal and that offenses arising from the same conduct must be joined in a single indictment.