Legal Opinion
State v. Rueda
New Mexico Court of Appeals
Decided December 16, 1998No. 18,396PublishedCited by 9 opinions
1Opinion of the Court
OPINION
DONNELLY, Judge.
{1} The State appeals from an order dismissing the habitual offender proceedings against Defendant, following her fifth felony conviction for shoplifting. The principal issue posed on appeal is whether the imposition of an enhanced sentence pursuant to the habitual offender statute, NMSA 1978, § 31-18-17 (1993), is so disproportionate as to offend Article II, Section 13 of the New Mexico State Constitution prohibiting cruel and unusual punishment. For the reasons discussed herein, we reverse.
FACTS AND PROCEDURAL POSTURE
{2} Defendant was arrested on January 27, 1995, and…
2Cases cited19 opinions
- Solem v. HelmSupreme Court of the United States · 1983
- Harmelin v. MichiganSupreme Court of the United States · 1991
- Rummel v. EstelleSupreme Court of the United States · 1980
- Robert McGruder v. Steven W. PuckettCourt of Appeals for the Fifth Circuit · 1992
- State v. GomezNew Mexico Supreme Court · 1997
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3Cited by9 opinions
- State v. TrujilloNew Mexico Supreme Court · 2002
- Montoya v. UlibarriNew Mexico Supreme Court · 2007
- State v. ElliottNew Mexico Court of Appeals · 2001
- State v. SanchezNew Mexico Court of Appeals · 2001
- State v. CastilloNew Mexico Court of Appeals · 2011
4 more not listed; retrieve them via the Exa API.