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State of New Mexico v. Tommie Joe Valverde
Date: 11-18-2024
Case Number: A-1-CA-40146
Judge: Douglas R. Driggers
Court: District Court, Dona Ana County, New Mexico
Plaintiff's Attorney: Dona Ana County, New Mexico District Attorney's Office
Defendant's Attorney:
Click Here For The Best Law Cruces Criminal Defense Lawyer Directory
Description:
Las Cruces, New Mexico criminal defense lawyer represented the Defendant charged with sex crimes.
Defendant Tommie Joe Valverde was convicted by a jury of committing the following sex crimes against his now ex-wife's granddaughter, I.A. (Victim): one count of criminal sexual penetration of a minor (CSPM), contrary to NMSA 1978, Section 30-9-11(D)(1) (2009); and four counts of criminal sexual contact of a minor (CSCM), contrary to NMSA 1978, Section 30-9-13(B)(1) (2003). All of Defendant's conduct underlying each charge occurred during two distinct periods of time, either between September 9 and September 24, 2017, or between August 12 and November 29, 2019.[1] For Defendant's conduct during the 2017 time period, Defendant was convicted of one count of CSPM and two counts of CSCM. For the subsequent 2019 period, Defendant was convicted of two counts of CSCM. On appeal, Defendant contends that two of his convictions of CSCM, one arising from each time period, violate his state and federal protections against being twice placed in jeopardy for the same offense because each assault constitutes one course of conduct for which only one CSCM conviction can be maintained. See N.M. Const. art. II, § 15; U.S. Const. amend. V.
State v. Valverde, A-1-CA-40146 (N.M. App. Nov 18, 2024)
Defendant Tommie Joe Valverde was convicted by a jury of committing the following sex crimes against his now ex-wife's granddaughter, I.A. (Victim): one count of criminal sexual penetration of a minor (CSPM), contrary to NMSA 1978, Section 30-9-11(D)(1) (2009); and four counts of criminal sexual contact of a minor (CSCM), contrary to NMSA 1978, Section 30-9-13(B)(1) (2003). All of Defendant's conduct underlying each charge occurred during two distinct periods of time, either between September 9 and September 24, 2017, or between August 12 and November 29, 2019.[1] For Defendant's conduct during the 2017 time period, Defendant was convicted of one count of CSPM and two counts of CSCM. For the subsequent 2019 period, Defendant was convicted of two counts of CSCM. On appeal, Defendant contends that two of his convictions of CSCM, one arising from each time period, violate his state and federal protections against being twice placed in jeopardy for the same offense because each assault constitutes one course of conduct for which only one CSCM conviction can be maintained. See N.M. Const. art. II, § 15; U.S. Const. amend. V.
State v. Valverde, A-1-CA-40146 (N.M. App. Nov 18, 2024)
Outcome:
Reversed in part and remand for resentencing.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of New Mexico v. Tommie Joe Valverde?
The outcome was: Reversed in part and remand for resentencing.
Which court heard State of New Mexico v. Tommie Joe Valverde?
This case was heard in District Court, Dona Ana County, New Mexico, NM. The presiding judge was Douglas R. Driggers.
Who were the attorneys in State of New Mexico v. Tommie Joe Valverde?
Plaintiff's attorney: Dona Ana County, New Mexico District Attorney's Office. Defendant's attorney: Click Here For The Best Law Cruces Criminal Defense Lawyer Directory.
When was State of New Mexico v. Tommie Joe Valverde decided?
This case was decided on November 18, 2024.