Legal Opinion
Pena v. State
New Mexico Court of Appeals
Decided February 20, 1970No. 435PublishedCited by 11 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
The beginning date of Pena’s current sentence was postponed until he had completed serving a prior sentence. See Herring v. State, 81 N.M. 21, 462 P.2d 468 (Ct.App.1969); State v. Upshaw, 79 N.M. 484, 444 P.2d 995 (Ct.App.1968). Moving for post-conviction relief under § 21-1-1(93), N.M.S.A.1953 (Supp.1969), Pena sought to advance the beginning date of his current sentence. He alleged his prior sentence was illegal and because illegal, it did not postpone the beginning date of his current sentence. The trial court denied the motion without a hearing. The question on appeal…
2Cases cited20 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Escobedo v. IllinoisSupreme Court of the United States · 1964
- State v. TorresNew Mexico Court of Appeals · 1970
- State v. BlackwellNew Mexico Supreme Court · 1966
- State v. HarrisonNew Mexico Court of Appeals · 1970
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. SalazarNew Mexico Court of Appeals · 1970
- State v. ClarkNew Mexico Court of Appeals · 1971
- Barela v. StateNew Mexico Court of Appeals · 1970
- Stafford v. StateNew Mexico Court of Appeals · 1971
- State v. KenneyNew Mexico Court of Appeals · 1970
6 more not listed; retrieve them via the Exa API.