State v. James, 12742
| Docket Nº | No. 12742 |
| Citation | 614 P.2d 16, 94 N.M. 604, 1980 NMSC 82 |
| Case Date | July 23, 1980 |
| Court | Supreme Court of New Mexico |
Page 16
v.
Jerry Ray JAMES, Defendant-Appellant.
[94 NM 604] Martha A. Daly, App. Defender, Michael Dickman, Asst. App. Defender, Santa Fe, for defendant-appellant.
Jeff Bingaman, Atty. Gen., Michael E. Sanchez, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.
[94 NM 605]
Page 17
OPINIONFEDERICI, Justice.
Appellant was convicted and sentenced for conspiracy to commit armed robbery and armed robbery. At the same time, the State filed a supplemental information alleging the appellant to be an habitual offender, pursuant to Section 31-18-5(C), N.M.S.A.1978. Trial was held on this issue a year later, two Rule 37 extensions having been granted by Judge Reese, acting temporarily as an officer of this Court. At trial, four felony convictions, one of which was the consolidation of two federal convictions, were found valid. The underlying prison terms were vacated and two concurrent lifetime sentences were imposed.
Appellant raises three issues in this appeal: that Section 31-18-5 violates the constitutional prohibition against double jeopardy; that his constitutional right to a speedy trial was violated because the Rule 37 motions were void; and, that three of the convictions for enhancement purposes were unusable and the sentence should be adjusted accordingly. We disagree with appellant and affirm the trial court.
The issue of the constitutionality of habitual offender sentencing is well-settled in New Mexico. Because the habitual offender proceeding is a sentencing procedure and not a trial of an offense, there is no double jeopardy. State v. Valenzuela, 94 N.M. 340, 610 P.2d 744 (1980); State v. Linam, 93 N.M. 307, 600 P.2d 253 (1979), cert. denied, 444 U.S. 846, 100 S.Ct. 91, 62 L.Ed.2d 59 (1979).
Appellant contends that Judge Reese, who was disqualified in the appellant's trial for armed robbery, had no jurisdiction to grant Rule 37 motions in his habitual sentencing trial. Judge Reese was not performing the duties of a district judge, but rather, was acting for this Court in hearing Rule 37 motions, and his disqualification as trial judge did not apply to his capacity to act as an officer of this Court. The Rule 37 extensions were properly granted. Appellant's constitutional right to a speedy trial was not violated.
Appellant contends his conviction in Count III was constitutionally invalid and could not be used...
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Linam v. Griffin, 80-1532
...does not create a new offense, that it merely increases the sentence. State v. Nelson, 96 N.M. 654, 634 P.2d 676 (1981); State v. James, 94 N.M. 604, 614 P.2d 16 (1980). But many of the protections which are given to a defendant at trial are extended at this hearing. He has a right to couns......
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State v. Johnson, 8904
...In contrast, the habitual offender proceeding is a sentencing procedure and does not constitute a substantive offense. State v. James, 94 N.M. 604, 614 P.2d 16 (1980). There is no conflict between the two IV. INSTRUCTIONS Under this point, defendant argues that his convictions for fraud, un......
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State v. Gaddy, 11283
...provisions authorize enhancement of an underlying sentence, and do not constitute a separate and distinct offense. See State v. James, 94 N.M. 604, 614 P.2d 16 (1980); State v. Mondragon, 107 N.M. 421, 759 P.2d 1003 (Ct.App.1988). An unenhanced sentence remains a valid sentence until it is ......
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State v. Nelson, 13386
...82 (1963). We have held that the habitual offender proceeding is a sentencing procedure and not a trial of an offense. State v. James, 94 N.M. 604, 614 P.2d 16 (1980). Yet the proceeding possesses several characteristics of a trial (right to counsel, right to jury, rules of evidence, etc.).......
-
Linam v. Griffin, 80-1532
...does not create a new offense, that it merely increases the sentence. State v. Nelson, 96 N.M. 654, 634 P.2d 676 (1981); State v. James, 94 N.M. 604, 614 P.2d 16 (1980). But many of the protections which are given to a defendant at trial are extended at this hearing. He has a right to couns......
-
State v. Johnson, 8904
...In contrast, the habitual offender proceeding is a sentencing procedure and does not constitute a substantive offense. State v. James, 94 N.M. 604, 614 P.2d 16 (1980). There is no conflict between the two IV. INSTRUCTIONS Under this point, defendant argues that his convictions for fraud, un......
-
State v. Gaddy, 11283
...provisions authorize enhancement of an underlying sentence, and do not constitute a separate and distinct offense. See State v. James, 94 N.M. 604, 614 P.2d 16 (1980); State v. Mondragon, 107 N.M. 421, 759 P.2d 1003 (Ct.App.1988). An unenhanced sentence remains a valid sentence until it is ......
-
State v. Nelson, 13386
...82 (1963). We have held that the habitual offender proceeding is a sentencing procedure and not a trial of an offense. State v. James, 94 N.M. 604, 614 P.2d 16 (1980). Yet the proceeding possesses several characteristics of a trial (right to counsel, right to jury, rules of evidence, etc.).......