Legal Opinion
State v. Calvert
New Mexico Court of Appeals
Decided December 13, 2002No. 22,731, 22,734, 22,699PublishedCited by 3 opinions
1Opinion of the Court
OPINION
BUSTAMANTE, Judge.
{1} We consolidate three cases on appeal which raise two questions integral to the mandatory sentencing provisions of NMSA 1978, § 66-8-102 (1999): whether a defendant may be awarded presentence confinement credit where the defendant has served less than the mandatory minimum “consecutive” jail term imposed pursuant to Section 66-8-102, and if so, whether a defendant is entitled to a full day credit for any partial day served pursuant to State v. Miranda, 108 N.M. 789, 779 P.2d 976 (Ct.App.1989).
{2} We hold that a trial court must award presentence confinement credit…
2Cases cited20 opinions
- State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
- State v. AttawayNew Mexico Supreme Court · 1994
- State v. RowellNew Mexico Supreme Court · 1995
- Key v. Chrysler Motors Corp.New Mexico Supreme Court · 1996
- State v. CleveNew Mexico Supreme Court · 1999
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3Cited by3 opinions
- State v. RiveraNew Mexico Supreme Court · 2003
- State v. McWhorterNew Mexico Court of Appeals · 2005
- State v. CalvertNew Mexico Court of Appeals · 2002