# Brown v. State

> New Mexico Supreme Court · January 17, 1978 · 91 N.M. 349

URL: https://www.frixlaw.com/law-library/cases/6470853

## Case

- **Full name:** Charles BROWN v. STATE of New Mexico
- **Court:** New Mexico Supreme Court
- **Decided:** January 17, 1978
- **Citations:** 91 N.M. 349; 573 P.2d 1204
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Federici
- **Judges:** Easley, Federici, McManus, Payne, Sosa
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6470853

## Opinion text

ORDER
FEDERICI, Justice. The writ of certiorari heretofore granted is quashed as improvidently issued.
The case of State v. Castrillo, 90 N.M. 608 , 566 P.2d 1146 (1977), upon which petitioner relies, is not applicable to the present case. The first trial in the present case was concluded on November 18, 1976. The CastriUo opinion was not filed until July 8, 1977. The CastriUo case made it clear that it should not be applied retroactively: “The holding in Brooks [State v. Brooks, 59 N.M. 130 , 279 P.2d 1048 (1955)] will no longer be applicable in New Mexico. Henceforth, . . . ” (Emphasis added.)
Even if the CastriUo case were deemed by us to apply, the trial judge in the first trial determined that the jury had not reached a unanimous decision on any of the offenses charged and, therefore, petitioner was not placed in jeopardy.
IT IS SO ORDERED.
McMANUS, C. J., and SOSA, EASLEY and PAYNE, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6470853. Public record. Not legal advice.