State v. Guzman, No. 15578
| Docket Nº | No. 15578 |
| Citation | 102 N.M. 558, 1985 NMSC 35, 698 P.2d 428 |
| Case Date | April 04, 1985 |
| Court | Supreme Court of New Mexico |
Page 428
v.
Michael Anthony GUZMAN, Defendant-Appellant.
[102 NM 558] Joseph M. Fine, Albuquerque, Trial Counsel, Janet Clow, Chief Public Defender, J. Thomas Sullivan, Sp. Appellate Defender, Santa Fe, for defendant-appellant.
Paul Bardacke, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.
RIORDAN, Justice.
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 [102 NM 559]
Page 429
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...
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Helsley v. State, No. 63S00-0303-CR-103.
...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...
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Burch v. State, No. 56
...specifies 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 sen......
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State v. Wyrostek, No. 20696
...that the trial court sentence the defendant to death after a death sentence is unanimously specified by the jury); State v. 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), Defendant and A......
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Hopkinson v. State, No. 85-132
...later modify it under a rule providing for sentence reduction similar in pertinent respects to Rule 36, supra note 1. State v. Guzman, 102 N.M. 558, 698 P.2d 428 We agree with the district judge and conclude and hold that a district judge has no jurisdiction to reduce a death sentence under......
-
Helsley v. State, No. 63S00-0303-CR-103.
...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...
-
Burch v. State, No. 56
...specifies 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 sen......
-
State v. Wyrostek, No. 20696
...that the trial court sentence the defendant to death after a death sentence is unanimously specified by the jury); State v. 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), Defendant and A......
-
Hopkinson v. State, No. 85-132
...later modify it under a rule providing for sentence reduction similar in pertinent respects to Rule 36, supra note 1. State v. Guzman, 102 N.M. 558, 698 P.2d 428 We agree with the district judge and conclude and hold that a district judge has no jurisdiction to reduce a death sentence under......