Lawwly

State v. Contreras

Court of Appeals of New Mexico

167 P.3d 966 (2007)

Relevant factsFree

Anthony Contreras (defendant) checked into a hotel while intoxicated and was assigned room 125, but his key card did not list a room number. Police later found that he had broken a window and entered room 121 instead, though nothing inside was damaged, and he was arrested leaving the bathroom with his room-125 key card found near the door. The State (plaintiff) charged Contreras with breaking and entering and property damage. He put on no evidence at trial but asked for a jury instruction on mistake of fact and on the State's burden to prove he entered without permission and without an honest mistake; the trial court denied both requests and gave only a general-intent instruction instead.

IssueFree

Whether a jury instruction on mistake of fact must be given when there is evidence that could negate an element of the charged crime.

Unlock the full brief

Free accounts read 20 full briefs. No card required.