Legal Opinion

State v. Stejskal

New Mexico Court of Appeals

Decided May 15, 2018No. A-1-CA-35545PublishedCited by 2 opinions

1Opinion of the CourtBohnhoff, Judge

{1} Defendant Wilbur M. Stejskal (Defendant) appeals an amended judgment and sentence entered two years after the entry of his original judgment and sentence. By changing the word "concurrent" to the word "consecutive," the amended judgment has the practical effect of increasing Defendant's term of incarceration from nine years to ten years. On appeal, Defendant asserts that, pursuant to Rule 5-801 NMRA and State v. Torres , 2012-NMCA-026 , 272 P.3d 689 , the district court lacked jurisdiction to amend or modify the original sentence. The State, on the other hand, argues that the amended…

2Cases cited16 opinions

  1. State v. DavisNew Mexico Supreme Court · 2003
  2. United States v. Pierre GuevremontCourt of Appeals for the Third Circuit · 1987
  3. Frank Kennedy v. Curtis Reid, Superintendent, District of Columbia JailCourt of Appeals for the D.C. Circuit · 1957
  4. Delfino v. GriffoNew Mexico Supreme Court · 2011
  5. State v. MayberryNew Mexico Court of Appeals · 1982

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3Cited by2 opinions

  1. State v. GarciaNew Mexico Court of Appeals · 2021
  2. State v. MartinezNew Mexico Court of Appeals · 2019

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