State v. Fuentes
New Mexico Court of Appeals
1Opinion of the Court
OPINION
BOSSON, Judge.
Defendant was convicted of both armed robbery and aggravated battery with a deadly weapon arising from a single incident at a Roswell convenience store. Defendant raises two issues: (1) whether separate convictions for armed robbery and aggravated battery arising from one continuous activity result in an unauthorized, multiple punishment for the same offense in violation of the Double Jeopardy Clause; and (2) whether the trial court committed reversible error by enhancing Defendant’s armed robbery sentence based upon the aggravating circumstances surrounding the battery…
2Cases cited25 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Swafford v. StateNew Mexico Supreme Court · 1991
- People v. RobideauMichigan Supreme Court · 1984
- State v. GonzalesNew Mexico Supreme Court · 1992
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3Cited by35 opinions
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- State v. McGruderNew Mexico Supreme Court · 1997
- State v. CaldwellNew Mexico Court of Appeals · 2008
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