Legal Opinion

State v. Guerra

New Mexico Court of Appeals

Decided March 27, 2001No. 21,079PublishedCited by 17 opinions

1Opinion of the Court

OPINION

PICKARD, Judge.

{1} This case presents us with the opportunity to clarify the limits on a trial court’s discretion in sentencing a youthful offender as an adult. Defendant, a fourteen-year-old child, entered a plea pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970), to second degree murder and tampering with evidence. After finding Defendant non-amenable to rehabilitation in juvenile facilities and ineligible for commitment to an institution pursuant to NMSA 1978, § 32A-2-20 (1996), the trial court imposed an adult sentence. The court then increased…

2Cases cited13 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. North Carolina v. AlfordSupreme Court of the United States · 1970
  3. Swafford v. StateNew Mexico Supreme Court · 1991
  4. Key v. Chrysler Motors Corp.New Mexico Supreme Court · 1996
  5. State v. PrinceNew Mexico Supreme Court · 1948

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3Cited by17 opinions

  1. Romero v. Philip Morris Inc.New Mexico Supreme Court · 2010
  2. State v. DavisNew Mexico Supreme Court · 2003
  3. Starko, Inc. v. PRESBYTERIAN HEALTH PLANNew Mexico Court of Appeals · 2011
  4. Starko, Inc. v. Presbyterian Health Plan, Inc.New Mexico Court of Appeals · 2012
  5. Baca v. LOS LUNAS COMMUNITY PROGRAMSNew Mexico Court of Appeals · 2010

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