Legal Opinion
State v. Smith
New Mexico Supreme Court
Decided September 16, 2004No. 28,477PublishedCited by 162 opinions
1Opinion of the Court
OPINION
BOSSON, Justice.
{1} During the 2003 session, the New Mexico Legislature significantly amended the penalty provisions of the DWI statute, NMSA 1978, § 66-8-102(G) (1953, as amended through 2003), so as to increase the sentences for repeat offenders. See 2003 N.M. Laws, ch. 90, § 3. On appeal from Defendants’ DWI convictions, the Court of Appeals reversed the sentences imposed. The court held that the penalty provisions, as amended, were a nullity because another bill, passed during the same legislative session and subsequently signed into law, implicitly repealed the prior amendment,…
2Cases cited19 opinions
- Rogers v. TennesseeSupreme Court of the United States · 2001
- State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
- Guiseppi v. WallingCourt of Appeals for the Second Circuit · 1944
- Sims v. SimsNew Mexico Supreme Court · 1996
- State v. RiveraNew Mexico Supreme Court · 2003
14 more not listed; retrieve them via the Exa API.
3Cited by162 opinions
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- Baker v. HedstromNew Mexico Supreme Court · 2013
- State v. TafoyaNew Mexico Supreme Court · 2010
- United Rentals Northwest, Inc. v. Yearout Mechanical, Inc.New Mexico Supreme Court · 2010
- State v. AlmanzarNew Mexico Supreme Court · 2013
157 more not listed; retrieve them via the Exa API.