Legal Opinion

State v. Freed

New Mexico Court of Appeals

Decided March 4, 1996No. 16402PublishedCited by 18 opinions

1Opinion of the Court

OPINION

HARTZ, Judge.

1. Defendant appeals the enhancement of his sentence as a third offender pursuant to the New Mexico habitual-offender statute, NMSA 1978, Sections 31-18-17 to -20 (Repl. Pamp.1994). Originally sentenced as a second offender, he then violated the terms of his probation. According to his plea agreement with the State, he was therefore subject to resentencing as a third offender. He challenges the validity of this provision of the plea agreement. We affirm.

BACKGROUND

2. Under our habitual-offender statute, the basic sentence of a person convicted of a felony is extended if the…

2Cases cited16 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. Brown v. OhioSupreme Court of the United States · 1977
  3. State v. LinamNew Mexico Supreme Court · 1979
  4. State v. HaddenhamNew Mexico Court of Appeals · 1990
  5. State v. HarrisNew Mexico Court of Appeals · 1984

11 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. MoralesNew Mexico Court of Appeals · 2001
  2. State v. TrujilloNew Mexico Supreme Court · 2007
  3. State v. FreedNew Mexico Court of Appeals · 1996
  4. State v. MontanoNew Mexico Court of Appeals · 2004
  5. State v. PorrasNew Mexico Court of Appeals · 1998

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API