Legal Opinion

Deats v. State

New Mexico Court of Appeals

Decided November 10, 1972No. 970PublishedCited by 17 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Deats petitioned for a writ of mandamus ordering penitentiary officials to correct his commitments to conform to the law. See Conston v. New Mexico St. Bd. of Probation & Parole, 79 N.M. 385, 444 P.2d 296 (1968). The parties stipulated to the facts. The trial court ruled contrary to Deats’ contentions; he appeals. There are two issues: (1) the authority of a trial court to impose consecutive sentences and (2) the meaning of § 42-1-59, N.M.S.A. 1953 (2nd Repl.Vol. 6). Both issues are directed to Deats’ eligibility for parole. See § 41-17-24, N.M.S.A.1953 (2nd Repl.…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Conston v. New Mexico State Board of Probation & ParoleNew Mexico Supreme Court · 1968
  2. Southern Union Gas Company v. City of ArtesiaNew Mexico Supreme Court · 1970
  3. Swope v. CooksieNew Mexico Supreme Court · 1955
  4. State v. VerdugoNew Mexico Supreme Court · 1969
  5. State v. UpshawNew Mexico Court of Appeals · 1968

3Cited by17 opinions

  1. State v. DavisNew Mexico Supreme Court · 2003
  2. State v. GarciaNew Mexico Court of Appeals · 1983
  3. State v. KendallNew Mexico Court of Appeals · 1977
  4. State v. MayberryNew Mexico Court of Appeals · 1982
  5. State v. DominguezNew Mexico Court of Appeals · 1977

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