New Mexico Supreme Court

State v. Parvilus

July 31, 20142014 NMSC 28

Summary

The New Mexico Supreme Court held that the civil marital‑property statute, Section 40-3-3, does not shield a spouse from burglary liability when he unlawfully enters the spouse’s separate dwelling, reversed the lower courts, and remanded for reinstatement of the aggravated burglary conviction. The Court based its decision on a de novo interpretation of the statutes and legislative intent.