Legal Opinion

State v. Montoya

New Mexico Court of Appeals

Decided January 17, 1978No. 3345PublishedCited by 13 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Defendant was convicted of residential burglary. Our calendar assignment proposed summary affirmance. Defendant’s memorandum opposes summary affirmance as to one issue. That issue involves the presentence report. The presentence report includes a listing of defendant’s arrests which did not result in convictions. Defendant claims the inclusion of such arrests violated due process. Defendant’s memorandum states that subsequent to filing the docketing statement the trial court denied defendant’s motion to reconsider the sentence and, in so ruling, stated “that he had…

2Cases cited11 opinions

  1. Williams v. New YorkSupreme Court of the United States · 1949
  2. United States v. TuckerSupreme Court of the United States · 1972
  3. Gardner v. FloridaSupreme Court of the United States · 1977
  4. Townsend v. BurkeSupreme Court of the United States · 1948
  5. State v. MadrigalNew Mexico Court of Appeals · 1973

6 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Joseph S. Neal v. Secretary of the Navy and Commandant of the Marine CorpsCourt of Appeals for the Third Circuit · 1981
  2. State v. FrawleyNew Mexico Supreme Court · 2007
  3. State v. JamesNew Mexico Court of Appeals · 1989
  4. State v. GallegosNew Mexico Court of Appeals · 1990
  5. State v. HaarNew Mexico Court of Appeals · 1980

8 more not listed; retrieve them via the Exa API.

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