Legal Opinion

State v. Torres

New Mexico Court of Appeals

Decided June 29, 2006No. 25,487PublishedCited by 38 opinions

1Opinion of the Court

OPINION

CASTILLO, Judge.

{1} In this case, we are asked to consider whether the ten-year limit on qualifying prior felony convictions, as contained in the habitual offender statute, NMSA 1978, § 31-18-17 (2003), also applies to the use of prior robbery convictions in the robbery statute, NMSA 1978, § 30-16-2 (1973). We hold that the ten-year limit does not apply to the robbery statute, and we therefore affirm Defendant’s conviction.

I. BACKGROUND

{2} The facts of this case are not in dispute. Defendant’s first armed robbery conviction occurred in 1988, and he completed his sentence in 1992. In…

2Cases cited10 opinions

  1. High Ridge Hinkle Joint Venture v. City of AlbuquerqueNew Mexico Supreme Court · 1998
  2. State v. CleveNew Mexico Supreme Court · 1999
  3. State Ex Rel. Klineline v. BlackhurstNew Mexico Supreme Court · 1988
  4. State v. KeithNew Mexico Court of Appeals · 1985
  5. Atencio v. BOARD OF EDUC. OF PENASCO, ETC.New Mexico Supreme Court · 1982

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3Cited by38 opinions

  1. State v. SmithNew Mexico Court of Appeals · 2008
  2. State v. Randy J.New Mexico Court of Appeals · 2011
  3. State v. NevarezNew Mexico Court of Appeals · 2010
  4. State v. OrtizNew Mexico Court of Appeals · 2016
  5. State v. TrevizoNew Mexico Court of Appeals · 2011

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

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