[DOWNLOAD] "State v. Bejar" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: State v. Bejar
• Author : New Mexico Court of Appeals
• Release Date : January 26, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Defendant was convicted of trafficking in a controlled substance. His conviction was affirmed on appeal. State v. Bejar, 101 N.M. 190, 679 P.2d 1288 (Ct. App.1984). While the appeal was pending, the prosecutor moved to enhance defendants sentence on the basis that the current conviction was a second trafficking offense. See NMSA 1978, § 30-31-20(B)(2) (Repl. Pamp.1980). After the appeal was decided the trial court enhanced the sentence, but only by one year, on the basis that the enhancement provisions for habitual offenders, NMSA 1978, Section 31-18-17 (Cum. Supp.1984), controlled. This court summarily reversed and remanded for resentencing on the basis that Section 30-31-20 was the applicable enhancement provision for a second conviction for trafficking. The trial court then applied the enhancement provisions of Section 30-31-20 and sentenced defendant to a penitentiary term of eighteen years. Defendants appeal raises the following issues: (1) sufficiency of the proof for enhancement under Section 30-31-20; (2) jurisdiction to change the sentence; (3) whether differences in statutory procedure deprived defendant of equal protection; (4) notice and jury trial under Section 30-31-20(B)(2); (5) unauthorized sentence; and (6) two alleged constitutional violations, an impermissible special law and denial of equal protection, as to the length of the enhanced sentence.

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