State v. Johnson

OPINION

HENDLEY, Judge.

This case was placed on the summary calendar with affirmance proposed. The defendant has filed a memorandum in opposition to summary affirmance. We affirm.

Defendant was convicted of a fourth degree felony and sentenced to a basic term of eighteen months imprisonment, plus two years parole. Defendant contends that § 31-18-15, N.M.S.A. 1978 (Supp.1979), only authorizes a period of parole where the actual time of imprisonment plus the period of parole does not exceed the basic sentence. We disagree.

Section 31-18-15, supra, states in part:

A. If a person is convicted of a…