State v. Blea

Section 40A-29-3.1(A), N.M.S.A.1953 (Repl.Vol.1964, Supp.1969), set out in the majority opinion, merely increases the penalty to be imposed by “a separate finding of fact” after conviction and before judgment and sentence are imposed. It does mot provide a new or separate crime which ;grants a defendant trial by jury. See, State v. Knight, 75 N.M. 197, 402 P.2d 380 (1965); State v. Silva, 78 N.M. 286, 430 P.2d 783 (Ct.App.1967).

■ The uniform practice in the second judicial district is to enter, after conviction, a printed form pleading called “Judgment and Sentence.” By conviction in this…