Legal Opinion

Padilla v. State

New Mexico Supreme Court

Decided August 10, 1977No. 11465PublishedCited by 32 opinions

1Opinion of the Court

OPINION

FEDERICI, Justice.

Defendant was convicted of robbery in 1976 and charged additionally as an habitual offender under § 40A-29-5, N.M.S.A. 1953 (2d Repl.Vol. 6,1972). The supplemental information alleged a prior conviction in 1972. Defendant moved to dismiss the supplemental information on the grounds that the sentence for the 1972 conviction was deferred by the court, that defendant had successfully completed the deferred sentence, and that the 1972 case had been dismissed prior to the subsequent habitual-offender charge in 1976.

The trial court granted the motion to dismiss. The Court…

2Cases cited3 opinions

  1. State v. LarranagaNew Mexico Supreme Court · 1967
  2. Shankle v. WoodruffNew Mexico Supreme Court · 1958
  3. State v. SilvaNew Mexico Court of Appeals · 1967

3Cited by32 opinions

  1. State v. GarciaNew Mexico Supreme Court · 2011
  2. State v. GarciaNew Mexico Court of Appeals · 1983
  3. United States v. Diane B. Meraz, A/K/A R. Mena, Arturo A. Garcia, A/K/A Chris Garcia, George T. Millward, Theodore F. StrempCourt of Appeals for the Third Circuit · 1993
  4. State v. EdmondsonNew Mexico Court of Appeals · 1991
  5. State v. HerbstmanNew Mexico Court of Appeals · 1998

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