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(DOWNLOAD) "State v. Bernal" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free

State v. Bernal

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eBook details

  • Title: State v. Bernal
  • Author : New Mexico Court of Appeals
  • Release Date : January 02, 1987
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 48 KB

Description

The trial court stated its reasons for increasing defendants basic sentences at the sentencing hearing. A taped record is preserved for our review. The court, by its statement after evidence and argument, indicated that it considered (1) testimony of a psychologist that defendant could be a "power" rapist, that defendants drinking triggers violent and aggressive behavior, and that the court had no guarantee or expectation that his alcohol abuse can be controlled, and (2) evidence that defendants action was "brutal" in nature. The court stated, in part, that these were "brutal" rapes and that they "permanently affected the victim, physically, emotionally and careerwise * * * *" The court emphasized it had a duty to protect society and that it could not risk defendant being unable to control alcohol abuse.


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