State v. Sanchez

OPINION

EASLEY, Chief Justice.

In January of 1979, Sanchez committed the crime of trafficking in heroin. At the sentencing hearing after Sanchez’ conviction the trial court found that this was his second conviction for trafficking in heroin. However, the court refused to sentence Sanchez to life imprisonment as called for in Section 54-11-20(B)(2), N.M.S.A.1953 (Repl.Vol.Supp.1975), on the basis that the statute imposed cruel and unusual punishment and was thus unconstitutional. The court imposed a sentence of ten to fifty years as was provided for a first offense.

The State appealed to the…