(DOWNLOAD) "State v. Kersey" by New Mexico Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Kersey
- Author : New Mexico Supreme Court
- Release Date : January 14, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
1. Defendant-Appellant, Jerry Kersey, appeals from his convictions of first-degree murder under NMSA 1978, Section 30-2-1(A)(1) or (2) (Repl. Pamp. 1984) (""willful, deliberate, and premeditated killing"" or ""in the commission or an attempt to commit a felony""); kidnapping under NMSA 1978, Section 30-4-1 (Repl. Pamp.1984) (""unlawful taking, restraining or confining of a person, by force or deception, with intent that the victim: . . . be held for ransom . . . or . . . be held to service against the victim's will""); conspiracy to commit first-degree murder and/or kidnapping under NMSA 1978, Sections 30-28-2(A) (Repl. Pamp. 1984) (""knowingly combining with another for the purpose of committing a [kidnapping and/or murder]); and tampering with evidence under NMSA 1978, Section 30-22-5 (Repl. Pamp. 1984) (""destroying, changing, hiding, placing or fabricating any physical evidence with intent to prevent the apprehension, prosecution or conviction of any person or to throw suspicion of the commission of a crime upon another""). The crimes for which Kersey was convicted stemmed from the kidnapping and murder of Robert Steven Farley on September 27, 1991. Kersey was sentenced to life imprisonment plus eighteen years for his offenses. On appeal, we address two issues: (1) Whether Kersey's kidnapping conviction was supported by substantial evidence establishing guilt beyond a reasonable doubt and (2) whether Kersey's convictions of felony murder and kidnapping should merge under the double jeopardy clauses of the state and federal constitutions. We review this case pursuant to SCRA 1986, 12-102(A)(2) (Repl. Pamp. 1992), and affirm. I
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