Legal Opinion

State v. La Badie

New Mexico Court of Appeals

Decided April 2, 1975No. 1681PublishedCited by 20 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

The trial court refused to credit defendant’s sentence with presentence confinement time at the New Mexico State Hospital at Las Vegas. Defendant appeals, we reverse.

Section 40A-29-25, N.M.S.A.1953 (2d Repl.Vol. 6) states:

“A person held in official confinement on suspicion or charges of the commission of a felony shall, upon conviction of that or a lesser included offense, be given credit for the period spent in presentence confinement against any sentence finally imposed for that offense.”

Defendant was confined in jail on felony charges. Prior to his conviction of a…

2Cases cited13 opinions

  1. Reanier v. SmithWashington Supreme Court · 1974
  2. Commonwealth v. JonesSuperior Court of Pennsylvania · 1967
  3. StearnsMassachusetts Supreme Judicial Court · 1961
  4. Earl R. Cephus v. United StatesCourt of Appeals for the D.C. Circuit · 1965
  5. State v. SublettNew Mexico Court of Appeals · 1968

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

3Cited by20 opinions

  1. State v. LujanNew Mexico Supreme Court · 1977
  2. State v. RamzyNew Mexico Court of Appeals · 1982
  3. State v. FellhauerNew Mexico Court of Appeals · 1997
  4. State v. MirandaNew Mexico Court of Appeals · 1989
  5. Weiland Ex Rel. Weiland v. VigilNew Mexico Court of Appeals · 1977

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

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