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State v. Cotton

Court of Appeals of New Mexico

790 P.2d 1050 (1990)

Relevant factsFree

While in jail awaiting trial on sexual-conduct charges involving his stepdaughter, Cotton (defendant) wrote a letter to his wife asking her to pay his stepdaughter to leave the state so she could not testify; his cellmate intercepted the letter and gave it to authorities before it reached his wife. Cotton then wrote a second letter with a revised plan to have his stepdaughter visit and be persuaded not to testify, but he never mailed it. Cotton was convicted of two counts of criminal solicitation and appealed.

IssueFree

Whether an uncommunicated solicitation -- one never actually delivered to the person solicited -- is sufficient to constitute the crime of criminal solicitation.

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