[Download] "State V. Mcdonald" by New Mexico Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: State V. Mcdonald
- Author : New Mexico Court of Appeals
- Release Date : January 18, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Defendant appeals from the trial court's order revoking his suspended sentence, imposing the balance of his original eighteen-month sentence, and enhancing the original sentence by one year under our state's habitual offender statute. On appeal, defendant argues that the trial court erred by enhancing defendant's sentence and revoking his suspended sentence after he had completed his underlying sentence. Defendant essentially raises three sub-issues under this argument: (1) the trial court did not make an explicit finding that defendant was a fugitive under NMSA 1978, Section 31-21-15 (Repl. Pamp. 1990); (2) the state did not raise the issue of defendant's fugitive status below; and (3) the state failed to make a showing that the bench warrant could not be served. We hold that the trial court's order was proper and thus affirm on all issues.
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