Charlton v. State
| Decision Date | 06 January 1993 |
| Court | New Mexico Supreme Court |
| Parties | Charlton (Samuel Clayton) v. State NO. 20,935 |
Certiorari Denied.
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12 cases
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1997 -NMCA- 4, Conoco, Inc. v. State Taxation and Revenue Dept.
... ... denied, 511 U.S. 1119, 114 S.Ct. 2125, 128 L.Ed.2d 682 (1994); State v. Charlton, 115 N.M. 35, 37-38, 846 P.2d 341, 343-44 (Ct.App.1992) (court reviews banishment as apparent condition of probation or suspended sentence), cert. denied, 114 N.M. 577, 844 P.2d 827 (1993). Consequently, we affirm the hearing officer's determination that the taxpayer was not estopped from ... ...
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State v. Wilson
... ... Therefore, we hold that there was no double jeopardy violation ... Defendant also challenges the firearm enhancement of his sentence. We recently answered a similar challenge based on double jeopardy in State v. Charlton, 115 N.M. 35, 38-41, 846 P.2d 341, 344-47 (Ct.App.1992), cert. denied, 114 N.M. 577, 844 P.2d 827 (1993). Based on that opinion, we conclude that Defendant's challenge to the firearm enhancement of his sentence lacks merit ... Finally, Defendant argues that a habitual offender ... ...
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State v. Landgraf
... ... at 569, 865 P.2d at 1213; see also Swafford v. State, 112 N.M. 3, 15, 810 P.2d 1223, 1235 (1991); State v. Charlton, 115 N.M. 35, 40, 846 P.2d 341, 346 (Ct.App.1992), cert. denied, 114 N.M. 577, 844 P.2d 827 (1993) ... 37. The Colorado Supreme Court applied the rule of lenity to analogous facts in People v. Lowe, 660 P.2d 1261 (Colo.1983) (en banc). The defendant therein argued "that ... ...
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1997 -NMSC- 10, State v. Anaya
... ... Apart from these accepted approaches, I am not aware of any other method of distinguishing between felonies and misdemeanors. I conclude that fourth-offense DWI constitutes a "felony" as that term is used in the habitual offender statute. Cf. State v. Charlton, 115 N.M. 35, 40, 846 P.2d 341, 346 (Ct.App.1992) (stating that the firearm enhancement provision applies to all noncapital felonies), cert. denied, 114 N.M. 577, 844 P.2d 827 (1993) ... ¶51 In short, the presence of the word "jail" in Section 66-8-102(G) is insufficient ... ...
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