Legal Opinion

Tomlinson v. State

New Mexico Supreme Court

Decided June 29, 1982No. 14149PublishedCited by 37 opinions

1Opinion of the Court

OPINION

EASLEY, Chief Justice

Tomlinson was convicted of three counts of kidnapping and one count of robbery. After receiving the verdict from the jury, the trial judge immediately sentenced Tomlinson to four ten year terms to be served concurrently. The Court of Appeals affirmed, but we reverse.

The question before us is whether under Section 31-18-15.1, N.M.S.A.1978 (Repl. Pamp.1981), a trial judge is required to hold a sentencing hearing, allowing the defendant an opportunity to be heard before the sentence is imposed.

After receiving the jury’s verdict, the trial judge immediately proceeded…

2Cases cited13 opinions

  1. Ball v. United StatesSupreme Court of the United States · 1891
  2. Bettini v. City of Las CrucesNew Mexico Supreme Court · 1971
  3. People v. EmigSupreme Court of Colorado · 1972
  4. Wright v. StateCourt of Special Appeals of Maryland · 1975
  5. State Ex Rel. Miera v. ChavezNew Mexico Supreme Court · 1962

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

3Cited by37 opinions

  1. State v. YoungUtah Supreme Court · 1993
  2. State v. AkerNew Mexico Court of Appeals · 2005
  3. State v. WebbSupreme Court of Kansas · 1988
  4. Caristo v. SullivanNew Mexico Supreme Court · 1991
  5. State v. WilsonNew Mexico Court of Appeals · 2001

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

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