Description: Santa Fe, New Mexico criminal defense lawyer represented the Defendant charged wwith contributing to the delinquency of a minor.

Defendant Maury Montel Elliott appeals his convictions for contributing to the delinquency of a minor (CDM), contrary to NMSA 1978, Section 30-6-3 (1990); and criminal sexual penetration in the commission of a felony (CSP II-felony), contrary to NMSA 1978, Section 30-9-11(E)(5) (2009). Defendant's primary claim is that his right to be free from double jeopardy was violated by his convictions for both CDM and CSP II-felony, where CDM was also the predicate felony relied on to increase what was otherwise criminal sexual penetration of a minor (CSPM), a fourth degree felony, to CSP II-felony, a second degree felony. Defendant also challenges the sufficiency of the evidence to support his CDM and CSP II-felony convictions. Finally, Defendant contends that CDM is not an appropriate predicate felony to support a CSP II-felony conviction because it is too generic and nonspecific, or alternatively that, when CDM is the predicate felony, the use of force or coercion should be included in the jury instructions as an essential element of CSP II-felony. We conclude that Defendant's convictions for both CDM and CSP II-felony violate Defendant's right to be free from double jeopardy. We, therefore, vacate Defendant's conviction for CDM.

State v. Elliott, A-1-CA-40436 (N.M. App. Nov 19, 2024)

Outcome: Affirmed

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Defendant's Experts:

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