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