Legal Opinion
State v. Blea
New Mexico Court of Appeals
Decided January 26, 1973No. 958PublishedCited by 21 opinions
1Opinion of the Court
OPINION
HENDLEY, Judge.
Convicted of statutory rape, aggravated battery and battery, defendant appeals asserting that it was error to sentence him pursuant to § 40A-29-3.1(A), N.M.S.A. 1953 (Repl.Vol.1964, Supp.1969) because: (1) he was denied the right to be tried by a jury on the issue of using a firearm; and, (2) he was not charged in the indictment with violating the above statute.
Section 40A-29-3.1 (A), supra, states:
“When a separate finding of fact by the court or jury shows that a firearm was used in the commission of:
“A. murder other than murder in the firt degree, rape, statutory rape,…
Also in this document: Concurrence.
2Cases cited10 opinions
- George T. Jordan v. United States District Court for the District of Columbia, George T. Jordan v. United StatesCourt of Appeals for the D.C. Circuit · 1956
- People v. SpencerCalifornia Court of Appeal · 1972
- Johnson v. StateSupreme Court of Arkansas · 1970
- United States v. Dale Edward SudduthCourt of Appeals for the Tenth Circuit · 1972
- Williams v. McAdooNew Mexico Supreme Court · 1954
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Buzbee v. DonnellyNew Mexico Supreme Court · 1981
- State v. ApaoHawaii Supreme Court · 1978
- State v. FuentesNew Mexico Court of Appeals · 1994
- State v. KingNew Mexico Court of Appeals · 1977
- State v. BarrerasNew Mexico Court of Appeals · 1975
16 more not listed; retrieve them via the Exa API.