State v. Knight
| Decision Date | 24 May 1965 |
| Docket Number | No. 7628,7628 |
| Citation | 75 N.M. 197,1965 NMSC 58,402 P.2d 380 |
| Parties | STATE of New Mexico, Plaintiff-Appellee, v. Charles B. KNIGHT, Defendant-Appellant. |
| Court | New Mexico Supreme Court |
Winston Cook, Santa Fe, for appellant.
Earl E. Hartley, Atty. Gen., Roy G. Hill, Wayne C. Wolf, Asst. Attys. Gen., Santa Fe, for appellee.
Appellant appeals from a sentence of life imprisonment imposed upon him pursuant to the provisions of the Habitual Criminal Act, Sections 40A-29-5 to 8, N.M.S.A.1953. He contends that the sentence is invalid for the reasons that he was not given a preliminary hearing on the habitual criminal charges nor formally arraigned; that he was not informed of his rights by the court as required by the Act; and that only two of the alleged four prior convictions charged in the habitual criminal information support an increased penalty.
Appellant was originally charged in an information containing two forgery counts. An attorney was appointed to represent him at which time, in discussing what bond should be set, the district attorney informed the court, in the presence of appellant and his attorney, that he understood appellant had previous felony convictions. Several days later, appellant entered a not guilty plea and bond was set. About two months later, appellant and his attorney again appeared before the court at which time the court was informed that appellant desired to change his plea to guilty as to count one whereby the district attorney moved that count two be dismissed and then filed a habitual criminal information with the court charging appellant with five felony convictions, consisting of two prior convictions of the federal offense of transporting a stolen automobile across a state line, and two prior state convictions, a forgery conviction in Texas and a car theft conviction in Oklahoma, and the present forgery conviction. After being assured by appellant and his attorney that they had discussed the habitual criminal charges and has also discussed the matter with the district attorney, before entering the guilty plea to the forgery charges, the court accepted the plea as to count one and dismissed count two.
The court then informed appellant of the allegations contained in the habitual criminal information and proceeded to question him in detail concerning whether he was the same person as charged in the information. Appellant admitted that he was the same person who had been convicted of the alleged felonies. After giving appellant an opportunity to be heard, the court imposed the life imprisonment sentence, which action it assumed was required by the act. Increased penalties are required to be imposed by the act upon conviction of a second, third and fourth felony, the maximum penalty of life imprisonment being imposed upon the fourth conviction.
We agree with the appellant that the wrong penalty was imposed. Prior convictions which are not felonies under the laws of New Mexico will not support an increased penalty for a felony conviction in New Mexico, and since the two prior federal convictions for transporting stolen automobiles across state lines are not felonies in New Mexico, only the two prior felony convictions in Texas and Oklahoma support an increased penalty for the forgery felony conviction in New Mexico. French v. Cox, 1964, 74 N.M. 593, 396 P.2d 423. Therefore, the life imprisonment sentence must be set aside and the proper sentence imposed.
Appellant's contention that he is entitled to the usual preliminary hearing and formal arraignment provided in felony criminal cases has no merit. The filing of a habitual criminal information does not create a new criminal case nor construte a separate offense. Proof of the conviction of prior felonies merely increases the penalty to be imposed upon conviction of a subsequent felony in New Mexico. French v. Cox, supra. The procedure to be followed by the court in a habitual offender proceeding is set forth in Section 40A-29-7, N.M.S.A.1953, 1963 Pock.Supp., which reads as...
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State v. Wilson
...the Colorado felony for which he was previously convicted is not a felony in New Mexico. See § 31-18-17(A)(2)(c); State v. Knight, 75 N.M. 197, 199, 402 P.2d 380, 382 (1965). Whether or not the Colorado felony is a felony in New Mexico, the felony conviction may be used if it was punishable......
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Perez v. Sullivan, 85-1842
...676, 677 (1981). And, the proceeding itself "is a sentencing procedure and not a trial of an offense." Id.; see also State v. Knight, 75 N.M. 197, 402 P.2d 380 (1965); State v. Tipton, 77 N.M. 1, 419 P.2d 216 (1966); Linam v. Griffin, 685 F.2d 369 (10th Cir.1982), cert. denied, 459 U.S. 121......
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State v. Harris
...unless the crime would have been a felony if committed in New Mexico. NMSA 1953, Sec. 40A-29-5 (2nd Repl.Vol. 6); State v. Knight, 75 N.M. 197, 402 P.2d 380 (1965). The date of the out-of-state conviction was the date to be considered in determining whether the prior conviction would have b......
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State v. Silva
...defendant, which if true, operates to enhance the penalty to be imposed. Lott v. Cox, 75 N.M. 102, 401 P.2d 93 (1965); State v. Knight, 75 N.M. 197, 402 P.2d 380 (1965). The proceedings are, however, penal in nature, and , insofar as applicable, criminal procedures are to be followed. See S......