Quintana v. New Mexico Department of Corrections

OPINION

RIORDAN, Justice.

By order of this Court the petition for habeas corpus filed by James Andrew Devine (Devine), Devine v. Gutierrez, S.Ct. No. 14,592, was consolidated with the State’s appeal in Quintana v. New Mexico Department of Corrections, S.Ct. No. 14,497. We reverse the decision of the trial court as to Quintana, and deny Devine’s writ of habeas corpus.

The issue on appeal is which statute governs parole eligibility for persons who committed non-capital and capital felonies between July 1, 1979 and February 22, 1980.

Quintana

On November 7, 1979, Louis Quintana (Quintana) pleaded…