State v. Baca

OPINION

WOOD, Chief Judge.

Defendant does not complain of his burglary conviction; his complaint is directed to his sentence. The trial court sentenced defendant to a term of not less than one nor more than five years in the penitentiary “with credit for all pre-sentence confinement to be taken off the long end of said sentence.” Defendant asserts the trial court has no authority to refuse to credit presentence confinement against his minimum sentence. We agree.

The fixing of penalties is a legislative function. State v. Hovey, (Ct.App.) 534 P.2d 777, 1975. Section 40A-29-25, N. M.S.A. 1953 (2d…