State v. Sandoval

OPINION

WOOD, Chief Judge.

Defendant was convicted of armed robbery, § 40A-16-2, N.M.S.A.1953 (2d Repl.Vol. 6, Supp.1975) and aggravated battery, § 40A-3-5, N.M.S.A.1953 (2d Repl.Vol. 6). Consecutive sentences were imposed. Defendant claims that, under the evidence, both charges should not have been submitted to the jury. Defendant also claims that it was error to impose consecutive sentences. The claims assert that defendant has been subjected to either prohibited multiple prosecutions or multiple punishment. We discuss three concepts: (1) included offenses, (2) same evidence, and (3) merger.…