Legal Opinion
State v. Gonzales
New Mexico Court of Appeals
Decided February 3, 1981No. 4703PublishedCited by 18 opinions
1Opinion of the Court
OPINION
LOPEZ, Judge.
A jury found that the defendant had committed an aggravated battery upon Mr. Holman with a firearm. Aggravated battery with a deadly weapon is a third degree felony, § 30-3-5(0), N.M.S.A.1978, which carries a basic sentence of three years imprisonment. § 31 — 18-15(A)(3), N.M.S.A. 1978 (Cum.Supp.1980). Pursuant to § 31-18-16, N.M.S.A.1978 (Cum.Supp.1980) requiring that the basic sentence be increased by one year when a firearm is used in the commission of a noncapital felony, the trial judge sentenced defendant to four years imprisonment, with all but the first year of the…
2Cases cited11 opinions
- Simpson v. United StatesSupreme Court of the United States · 1978
- Busic v. United StatesSupreme Court of the United States · 1980
- State v. BloomNew Mexico Supreme Court · 1977
- H. T. Coker Construction Co. v. Whitfield Transportation, Inc.New Mexico Court of Appeals · 1974
- State v. GabaldonNew Mexico Court of Appeals · 1978
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Buzbee v. DonnellyNew Mexico Supreme Court · 1981
- State v. GuerraNew Mexico Supreme Court · 2012
- State v. GilbertNew Mexico Supreme Court · 1983
- State v. RoperNew Mexico Court of Appeals · 2001
- State v. CharltonNew Mexico Court of Appeals · 1992
13 more not listed; retrieve them via the Exa API.