State of New Mexico, Plaintiff-Petitioner v. Gerard B. Parvilus, Defendant-Respondent

Summary

The New Mexico Supreme Court held that the civil marital‑property statute, NMSA 1978 § 40‑3‑3, does not shield a spouse from burglary liability when entering the other spouse’s separate dwelling, and it applied a de novo standard of review to the statutory interpretation. The Court reversed the district court and Court of Appeals and remanded for entry of judgment reinstating the aggravated‑burglary conviction.