[Download] "State v. Hovey" by New Mexico Court of Appeals No. 1806 * eBook PDF Kindle ePub Free

January 21, 2021

eBook details

Title: State v. Hovey
Author : New Mexico Court of Appeals No. 1806
Release Date : January 09, 1975
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 45 KB

Description

WOOD, Chief Judge. Defendant pled guilty to shoplifting merchandise valued at more than one hundred but less than twenty-five hundred dollars. This is a fourth degree felony. Section 40A-16-20, N.M.S.A. 1953 (2d Repl. Vol. 6). The trial court imposed the statutory penalty for a fourth degree felony -- not less than one nor more than five years in the penitentiary. Section 40A-29-3(D), N.M.S.A. 1953 (2d Repl. Vol. 6). In addition, the sentence states: ""Defendant is not to be considered for parole until he has served a minimum of one (1) year."" Defendant asserts the trial court had no authority to impose this limitation upon parole. We agree.