(Download) "State v. Boergadine" by Court of Criminal Appeals of Oklahoma * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Boergadine
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 14, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
1 In this case, we hold that Defendants fraudulent taking of three payments in the course of completing work on one vehicles transmission justifies convicting him of three counts of fraud pursuant to NMSA 1978, § 30-16-6 (1987). Defendant James Kyle Boergadine appeals his conviction of three counts of fraud. Defendant also appeals the resulting revocation of his probation in another case that is consolidated with this one for purposes of this appeal. Defendant asserts that: (1) the three fraud counts were for one course of conduct, so that his conviction for all three violated double jeopardy; (2) discovery violations and other prosecutorial misconduct warrant reversal on the basis of fundamental error; (3) his trial counsel was ineffective; (4) these errors are cumulative error; and (5) because his fraud convictions should be reversed, they could not be a basis for the revocation of his probation. Defendants reliance on what he sees as a single course of conduct is misplaced, when it was he who requested further payments and changed the terms of the agreement without performing his obligations. Because we find no error below, we affirm Defendants convictions for the reasons stated herein.
 "State v. Boergadine" by Court of Criminal Appeals of Oklahoma * eBook PDF Kindle ePub Free){kind=link}