State v. Sisneros

OPINION

WOOD, Judge.

Denied post-conviction relief under § 21-1-1(93), N.M.S.A.1953 (Supp.1969), defendant appeals. Defendant’s contentions, and our answers, are:

1. Defendant committed murder in 1961. He was convicted of second degree murder. The penalty statute applicable to this offense, § 40-24-10, N.M.S.A.1953 (now repealed) provided for imprisonment “ ‘ * * * for any period of time not less than three (3) years * * *.’ ” Defendant was sentenced to not less than three years nor more than the rest of his natural life. He contends this sentence is not authorized by the penalty statute. His…