McCutcheon v. Cox

CHAVEZ, Justice.

While serving a sentence in the New Mexico state penitentiary from Socorro County, appellee made a non-violent escape from the prison farm. Upon recapture, he was charged with unlawful escape contrary to § 42-1-61, N.M.S.A., 1961 Pocket Supp. He pled guilty and was sentenced in Valencia County to serve a term in the penitentiary of “not less than two years,” which sentence was to run consecutively with his initial sentence. After an in-custody parole from the first sentence, appellee began service of his sentence for escape. Subsequently, he filed a petition for an alternative…