State v. Guzman, 15578
Decision Date | 04 April 1985 |
Docket Number | No. 15578,15578 |
Citation | 102 N.M. 558,1985 NMSC 35,698 P.2d 428 |
Parties | STATE of New Mexico, Plaintiff-Appellee, v. Michael Anthony GUZMAN, Defendant-Appellant. |
Court | New Mexico Supreme Court |
Michael Anthony Guzman (defendant) was tried and convicted of capital murder and sentenced to death by a jury. On appeal, defendant's conviction and sentence were affirmed by this Court. State v. Guzman, 100 N.M. 756, 676 P.2d 1321 (1984). Following denial of his petition for certiorari in the United States Supreme Court, --- U.S. ----, 104 S.Ct. 3548, 82 L.Ed.2d 851 (1984), and issuance of the mandate by this Court, defendant moved for correction, or alternatively, for modification of his sentence pursuant to NMSA 1978, Crim.P.Rule 57.1 (Repl.Pamp.1980). The State orally moved to quash the Rule 57.1 motion, and the district court sustained the motion to quash on the ground that it lacked jurisdiction to entertain the Rule 57.1 motion on its merits. Defendant appeals. We affirm.
The issue is whether the district court can modify a death sentence under Rule 57.1.
Rule 57.1 provides:
(a) Correction of sentence. The district court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence.
(b) Modification of sentence. The district court may reduce a sentence within thirty days after the sentence is imposed, or within thirty days after receipt by the court of a mandate issued upon affirmance of the judgment or dismissal of the appeal, or within thirty days after entry of any order or judgment of the appellate court denying review of, or having the effect of upholding, a judgment of conviction. The district court may also reduce a sentence upon revocation of probation as provided by law. Changing a sentence from a sentence of incarceration to a sentence of probation shall constitute a permissible reduction of sentence under this subdivision.
Defendant moved for relief under both provisions of Rule 57.1. He specifically requested that the district court, pursuant to subsection (a), correct his sentence, claiming that his sentence was illegal because the mitigating circumstances outweighed the aggravating circumstances. Defendant also requested a reduction of his sentence from death to life imprisonment, pursuant to subsection (b). In addition, defendant requested that the district court consider the Rule 57.1 motion on its merits despite the fact that his sentence had been imposed by a jury, rather than by the court.
The Capital Felony Sentencing Act, NMSA 1978, Sections 31-20A-1 through 31-20A-6 (Repl.Pamp.1981), sets forth the procedures for sentencing a defendant who has been convicted of a capital felony. Upon completion of the sentencing proceeding, the jury (in a jury trial) must decide whether the defendant should be sentenced to death or to life in prison. Sec. 31-20A-2(B). If the jury unanimously finds at least one aggravating circumstance beyond a reasonable doubt, and if after weighing aggravating circumstances against any mitigating circumstances, it unanimously specifies a sentence of death, "the court shall sentence the defendant to death." Sec. 31-20A-3 (emphasis added). Thus, once the jury has unanimously agreed on a sentence of death (in conformance with the Capital Felony Sentencing Act), the district court has no discretion to impose a sentence of life imprisonment. It is this Court which automatically reviews the jury's judgment and sentence. Sec. 31-20A-4(A); State v. Guzman, ...
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Helsley v. State
...to the Supreme Court and the trial court is required to impose death under the statute if the jury "specifies" it. State v. Guzman, 102 N.M. 558, 698 P.2d 428, 429 (1985). ...
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Burch v. State, 56
...the sentence of death ... the court shall sentence the defendant to death. N.M. STAT. ANN. § 31-20A-3; see also State v. Guzman, 102 N.M. 558, 698 P.2d 428, 429 (1985) ("Guzman II"). The Wyoming statute, likewise, provides [u]nless the jury trying the case recommends the death sentence in i......
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State v. Wyrostek
......Guzman, 102 N.M. 558, 559, 698 P.2d 428, 429 (1985) (holding that the trial court has no discretion to modify a death sentence under Section 31-20A-3), ......
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1999 -NMCA- 14, State v. Herbstman
...outside of its jurisdiction, however, if it modifies a sentence in a manner unauthorized by Rule 5-801(B). See State v. Guzman, 102 N.M. 558, 559, 698 P.2d 428, 429 (1985) (decided under former version of rule). The trial court's lack of jurisdiction may be raised at any time, including for......