Legal Opinion

State v. Mayberry

New Mexico Court of Appeals

Decided March 25, 1982No. 5423PublishedCited by 30 opinions

1Opinion of the Court

OPINION

WOOD, Judge.

Defendant has been found to be, and sentenced as, an habitual offender under § 31-18-17(B), N.M.S.A. 1978 (1981 Repl. Pamph.). The issues in defendant’s appeal involve: (1) delay in the habitual proceedings, and (2) the relation of his sentence as an habitual offender to other sentencing provisions.

Delay in the Habitual Proceedings

A jury convicted defendant of aggravated assault by use of a firearm in April, 1980. Sentence was imposed May 12, 1980. The trial court found mitigating circumstances and reduced the basic sentence to imprisonment for one year. Sections 31-18-15…

2Cases cited20 opinions

  1. State Ex Rel. Delgado v. StanleyNew Mexico Supreme Court · 1972
  2. State v. DuranNew Mexico Supreme Court · 1978
  3. State v. StoutNew Mexico Supreme Court · 1981
  4. State v. DeatsNew Mexico Court of Appeals · 1971
  5. State v. EricksenNew Mexico Court of Appeals · 1980

15 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. State v. HarrisNew Mexico Court of Appeals · 1984
  2. State v. BachichaNew Mexico Court of Appeals · 1991
  3. March v. StateNew Mexico Supreme Court · 1989
  4. State v. SantillanesNew Mexico Court of Appeals · 1982
  5. State v. MoneyIdaho Court of Appeals · 1985

25 more not listed; retrieve them via the Exa API.

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