[Download] "State v. Davis" by In the Supreme Court of the State of New Mexico * Book PDF Kindle ePub Free
eBook details
- Title: State v. Davis
- Author : In the Supreme Court of the State of New Mexico
- Release Date : January 28, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
OPINION 1 The State appeals directly to this Court from an order of the district court granting Petitioner Robert Davis' (Defendant) writ of habeas corpus. This Court has jurisdiction over appeals from the granting of writs of habeas corpus. See Rule 12-102(A)(3) NMRA 2003 (providing that such appeals shall be taken to this Court). On appeal, the State claims that the district court erred in holding that, under limited circumstances, NMSA 1978, § 31-18-21(A) (1977) allows for judicial discretion in sentencing inmates for crimes committed during incarceration. The trial court found the statutory language -- ""consecutive to the sentence being served"" -- to mean that the first sentence for a post-incarceration crime must be added to the end of the original sentence but trial judges may exercise discretion in determining whether to impose consecutive or concurrent sentences for subsequent crimes committed during incarceration. We reverse the trial court and hold that the Legislature removed all discretion from the trial court in determining whether to impose consecutive or concurrent sentences on inmates for felonies committed during incarceration, and as such all sentences for inmate committed crimes are to be consecutive to the total of all combined sentences.