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(DOWNLOAD) "State v. Muzio" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free

State v. Muzio

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eBook details

  • Title: State v. Muzio
  • Author : New Mexico Court of Appeals
  • Release Date : January 13, 1987
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

Defendant appeals his conviction on three counts of issuing worthless checks, contrary to NMSA 1978, Section 30-36-4 (Repl. Pamp.1980). On appeal, defendant claims: (1) that the trial court erred in allowing the criminal prosecution because it was barred by the federal Supremacy Clause and Bankruptcy Code; (2) that the trial court used the statutory presumption of intent to defraud, NMSA 1978, Section 30-36-7(B) (Repl. Pamp.1980), thus violating the Supremacy Clause and defendants due process rights; (3) that the trial court erroneously assumed it lacked power to order restitution; (4) that defendants conviction of issuing worthless checks is not a fourth-degree felony offense under the Criminal Sentencing Act; (5) that the trial court abused its discretion in denying defendants motion for a new trial; and (6) that there was insufficient evidence to uphold defendants conviction.


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