State v. Gutierrez

OPINION

WALTERS, Judge.

The defendant appeals his jury conviction of robbery with a deadly weapon, and contends .that the mandatory enhancement of the sentence by the trial court upon the jury’s specific finding of defendant’s use of a firearm is violative of the constitutional double jeopardy prohibition.

Aside from the constitutional argument, which we find to be without merit since it raises the identical question answered adversely to defendant in State v. Gabaldon, 92 N.M. 230, 585 P.2d 1352 (Ct.App.1978), defendant urges (1) that he was denied effective assistance of counsel, and (2) that…