Legal Opinion

State v. Raines

New Mexico Court of Appeals

Decided November 17, 1967No. 68PublishedCited by 17 opinions

1Opinion of the Court

OPINION

WOOD, Judge.

Appealing from a denial of post-conviction relief, defendant raises two issues: (1) the alleged failure of counsel to advise him on certain matters and (2) whether defendant had a right to a jury trial on the question of revoking a suspended sentence.

In 1963 defendant pled guilty to a charge of grand larceny. Sentence was imposed and suspended.

Fifteen months later a jury found defendant guilty of two violations of § 54-6-21, N.M.S.A.1953 (now repealed), pertaining to dangerous drugs. These offenses were misdemeanors.

On the oral motion of the district attorney following the…

2Cases cited9 opinions

  1. Aubrey Pate v. William C. Holman, Warden, Kilby Prison, AlabamaCourt of Appeals for the Fifth Circuit · 1965
  2. State v. HinesNew Mexico Supreme Court · 1967
  3. Joseph E. Edge, Sr. v. Louis L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1965
  4. State v. GibbyNew Mexico Supreme Court · 1967
  5. Ex parte LuceroNew Mexico Supreme Court · 1917

4 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. State v. BrusenhanNew Mexico Court of Appeals · 1968
  2. State v. MadrigalNew Mexico Court of Appeals · 1973
  3. State v. BartonNew Mexico Supreme Court · 1968
  4. State v. GortonNew Mexico Court of Appeals · 1969
  5. State v. HansenNew Mexico Court of Appeals · 1968

12 more not listed; retrieve them via the Exa API.

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