STATE v. POWELS

No. 23,327.

73 P.3d 256 (2003)

134 N.M. 118

2003-NMCA-090

STATE of New Mexico, Plaintiff-Appellant, v. Curtis POWELS, Defendant-Appellee.

Court of Appeals of New Mexico.

May 15, 2003.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, Jacqueline R. Medina, Assistant Attorney General, Albuquerque, NM, for Appellant.

John B. Bigelow, Chief Public Defender, Kathleen T. Baldridge, Assistant Appellate Defender, Santa Fe, NM, for Appellee.


OPINION

VIGIL, Judge.

{1} Criminal damage to property consists of "intentionally damaging any real or personal property of another without the consent of the owner of the property." NMSA 1978, § 30-15-1 (1963). It is a fourth degree felony when the damage to the property amounts to more than $1000. Id. In this case, we address an issue of first impression: whether the statute criminalizes damage to community property one owns as "property...

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