Jones v. Cox

NOBLE, Justice.

Francis Lee Jones pled guilty to attempted escape from the penitentiary and on September 9, 1957, was sentenced to imprisonment for a term of “not less than two years,” as provided in § 42-1-61, N.M.S.A.1961 pocket part (§ 1, Ch. 143, Laws 1955) reading:

“Any person confined in the state penitentiary who shall escape or attempt to escape therefrom shall be guilty of a felony and upon conviction thereof, shall be imprisoned in the state penitentiary for not less than two [2] years, which sentence shall not run concurrently with any other sentence such person then be serving.”

Upon…