State v. Hovey

OPINION

WOOD, Chief Judge.

Defendant pled guilty to shoplifting merchandise valued at more than one hundred but less than twenty-five hundred dollars. This is a fourth degree felony. Section 40A-16-20, N.M.S.A.1953 (2d Repl. Vol. 6). The trial court imposed the statutory penalty for a fourth degree felony.—not less than one nor more than five years in the penitentiary. Section 40A-29-3(D), N.M.S.A.1953 (2d Repl. Vol. 6). In addition, the sentence states: “Defendant is not to be considered for parole until he has served a minimum of one (1) year.” Defendant asserts the trial court had no…