Legal Opinion
State v. Frawley
New Mexico Court of Appeals
Decided February 8, 2005No. 23758PublishedCited by 13 opinions
1Opinion of the Court
OPINION
SUTIN, J.
{1} This opinion is filed simultaneously with a memorandum opinion also filed in this appeal that addresses Defendant Douglas Frawley’s assertions of error in regard to his convictions of various crimes. The basic sentences for the crimes Defendant committed were enhanced under NMSA 1978, § 31-18-15.1 (1993). Defendant argues that Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), makes it clear that a court cannot enhance a sentence pursuant to Section 31-18-15.1 based on facts not found by a jury. We agree.
BACKGROUND
{2} A jury convicted Defendant of…
2Cases cited6 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- United States v. Freddie J. BookerCourt of Appeals for the Seventh Circuit · 2004
- United States v. Hector Penaranda, Also Known as "El Viejo," United States of America v. Luis Rojas, Also Known as El GordoCourt of Appeals for the Second Circuit · 2004
- State v. WilsonNew Mexico Court of Appeals · 2001
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. FrawleyNew Mexico Supreme Court · 2007
- State v. OttoNew Mexico Supreme Court · 2007
- State v. MontoyaNew Mexico Court of Appeals · 2005
- State v. LopezNew Mexico Supreme Court · 2005
- State v. RomeroNew Mexico Court of Appeals · 2005
8 more not listed; retrieve them via the Exa API.