(Download) "State v. Wise" by New Mexico Supreme Court No. 13015 ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Wise
- Author : New Mexico Supreme Court No. 13015
- Release Date : January 31, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
FEDERICI, Justice. Defendant was convicted of being an habitual criminal under Section 31-18-5, N.M.S.A. 1978. Judgment and sentence were entered on June 21, 1979. We construed the statute in State v. Linam, 93 N.M. 307, 600 P.2d 253 (1979), as requiring the factfinder to find the defendant committed and was found guilty of one crime before commission of the next following crime. N.M.U.J.I. Crim. 39.01 and 39.06, N.M.S.A. 1978 (Cum. Supp. 1980) were promulgated and adopted by this Court on July 1, 1979 to inform factfinders of these requirements. Because the new instructions were not yet in effect when the jury in this case was instructed, the trial court was charged with drafting appropriate instructions stating the essential elements. N.M.U.J.I. Crim., General Use Note, N.M.S.A. 1978 (Cum. Supp. 1980).
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