(Download) "State v. Contreras" by New Mexico Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: State v. Contreras
- Author : New Mexico Supreme Court
- Release Date : January 16, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
1. Michael Contreras was convicted on one count of felony murder under NMSA 1978, Section 30-2-1(A)(2) (Repl. Pamp. 1994), one count of armed robbery under NMSA 1978, Section 30-16-2 (Repl. Pamp. 1994), one count of tampering with evidence under NMSA 1978, Section 30-22-5 (Repl. Pamp. 1994), and one count of unlawful taking of a vehicle under NMSA 1978, Section 66-3-504 (Repl. Pamp. 1994). The trial court sentenced him to life imprisonment for the felony murder conviction, nine years for the armed robbery conviction to run consecutively to the life term, and eighteen months each for tampering with evidence and unlawful taking of a vehicle, both of the latter sentences to run concurrently with the armed robbery term. Contreras appeals to this Court pursuant to SCRA 1986, 12-102(A)(2) (Repl. Pamp. 1992) (direct appeal from life sentence), arguing that the trial court violated the constitutional prohibition against double jeopardy by sentencing him for both the felony murder conviction and the underlying predicate felony conviction. Finding that the trial court did violate Contreras's right to be free from multiple punishments, we reverse the armed robbery conviction. We affirm the other convictions and sentences. 2. Facts. At 10:30 p.m. in the evening of May 14, 1992, cab driver Peter Doran was dispatched to a gas station to pick up a passenger who had given his name as Frank. About fifteen to thirty minutes later two men heard Doran call for help and discovered that Doran had been stabbed. The men telephoned for help, and Doran was taken to the hospital where he died. The cause of death was a five to six inch stab wound that had pierced Doran's right lung.