State v. Lucero

OPINION

SERNA, Justice.

{1} Martin Lucero (Defendant) was charged with robbery against a person sixty years of age or older, larceny, and tampering with evidence. At the time of the trial, Aileen Yule (Victim) was seventy-seven years old. An October 24, 2002, criminal complaint alleged that Defendant had committed a crime against the elderly, contrary to .NMSA 1978, Section 31-18-16.1 (1993, repealed 2003). The jury found Defendant guilty of the charges, including the facts required for the Section 31-18-16.1 sentencing enhancement, on February 11, 2004. Prior to Defendant’s sentencing, the…