{
  "id": 1586369,
  "name": "STATE of New Mexico, Petitioner, v. George PADILLA, Respondent; STATE of New Mexico, Petitioner, v. Charles FUGATE, Respondent",
  "name_abbreviation": "State v. Padilla",
  "decision_date": "1984-03-01",
  "docket_number": "Nos. 15098, 15127",
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    "name_abbreviation": "N.M.",
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    "name": "Supreme Court of New Mexico"
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  "last_updated": "2023-07-14T22:42:52.435207+00:00",
  "provenance": {
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  "casebody": {
    "judges": [
      "SOSA, Senior Justice, and RIORDAN and STOWERS, JJ., concur."
    ],
    "parties": [
      "STATE of New Mexico, Petitioner, v. George PADILLA, Respondent. STATE of New Mexico, Petitioner, v. Charles FUGATE, Respondent."
    ],
    "opinions": [
      {
        "text": "OPINION\nFEDERICI, Chief Justice.\nThese cases have been consolidated since they present the same principal question on appeal. Both of these cases, State v. Padilla and State v. Fugate, involve the question of whether the \u201cjurisdictional exception,\u201d as applied to double jeopardy claims, is still the law in New Mexico. We hold that it is.\nDefendant Padilla was involved in an altercation with several police officers which resulted from Padilla\u2019s attempt to avoid arrest. While two officers were attempting to handcuff Padilla, he kicked a third officer in the groin. Padilla was charged with felony battery on a police officer as well as several misdemeanors, including resisting arrest. Padilla pled guilty to the misdemeanors in magistrate court. At the district court trial on the felony count Padilla moved to dismiss on grounds of double jeopardy, claiming that resisting arrest and battery on a police officer are the \u201csame offense\u201d for double jeopardy purposes. The trial court denied the motion because it found that the jurisdictional exception was applicable in this case. Padilla appealed his conviction to the Court of Appeals. The Court of Appeals found that the jurisdictional exception was not the law in New Mexico and reversed the conviction. The State brought the case before this Court on writ of certiorari. We reverse.\nDefendant Fugate was involved in a three-vehicle accident which caused great bodily harm, followed by death, to a passenger of one of the other vehicles. Fugate entered a plea of nollo contendr\u00e9 to charges of DWI and careless driving in municipal court. He was found guilty and sentenced to alcohol treatment. Fugate was subsequently tried and convicted of homicide by vehicle in the district court. Fugate appealed his conviction, claiming that the second trial was barred on double jeopardy grounds. The Court of Appeals reversed Fugate\u2019s conviction and the State brought the case before this Court on writ of certiorari. We reverse.\nWe have recently addressed the question of whether the jurisdictional exception, as adopted in State v. Goodson, 54 N.M. 184, 217 P.2d 262 (1950) and State v. James, 93 N.M. 605, 603 P.2d 715 (1979), is still applicable in New Mexico in light of the recent United States Supreme Court opinion of Illinois v. Vitale, 447 U.S. 410, 100 S.Ct. 2260, 65 L.Ed.2d 228 (1980). We held that there was no compelling reason to overrule James. State v. Manzanares, 674 P.2d 511 (1983).\nThe records in each of the cases before us show that the district courts properly denied motions to dismiss the felony charges on double jeopardy grounds. The Court of Appeals is reversed in each case. The causes are remanded for further proceedings consistent with this opinion and with the holding of State v. Manzanares, Id.\nThe Court of Appeals opinion on the second issue in Padilla, concerning instructions on simple battery, is proper and correct and the court is affirmed on this issue.\nThe Court of Appeals opinion in Fugate concerning the necessary facts exception is also proper and correct. However, in light of our holding with respect to the jurisdictional exception, it is not necessary to reach the \u201cnecessary facts\u201d question in Fugate.\nIT IS SO ORDERED.\nSOSA, Senior Justice, and RIORDAN and STOWERS, JJ., concur.",
        "type": "majority",
        "author": "FEDERICI, Chief Justice."
      }
    ],
    "attorneys": [
      "Paul Bardacke, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for petitioner.",
      "Janet Clow, Chief Public Defender, Henry R. Quintero, Asst. App. Defender, Santa Fe, for respondent Padilla.",
      "Linda Fischer, Hobbs, for respondent Fugate."
    ],
    "corrections": "",
    "head_matter": "678 P.2d 686\nSTATE of New Mexico, Petitioner, v. George PADILLA, Respondent. STATE of New Mexico, Petitioner, v. Charles FUGATE, Respondent.\nNos. 15098, 15127.\nSupreme Court of New Mexico.\nMarch 1, 1984.\nPaul Bardacke, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for petitioner.\nJanet Clow, Chief Public Defender, Henry R. Quintero, Asst. App. Defender, Santa Fe, for respondent Padilla.\nLinda Fischer, Hobbs, for respondent Fugate."
  },
  "file_name": "0058-01",
  "first_page_order": 92,
  "last_page_order": 93
}