[DOWNLOAD] "State v. Padilla" by Supreme Court of the State of Oklahoma ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Padilla
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 08, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
{1} Defendant was convicted of the crime of aggravated fleeing a law enforcement officer which elevates to a felony certain willful and careless vehicular flight from a police officer conducting a pursuit "in accordance with the provisions of the Law Enforcement Safe Pursuit Act." NMSA 1978, § 30-22-1.1 (2003). In this opinion, we decide as a matter of first impression whether the State has to prove, as an element of the crime, not only the unlawful conduct of the accused, but also the propriety of the police officers conduct during the pursuit. The Court of Appeals held that the manner in which the officer conducted the pursuit was an essential element of the crime of aggravated fleeing and reversed Defendants conviction for failure to instruct the jury on that issue. We reverse and reinstate Defendants conviction.