(Download) "State v. Smith" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Smith
- Author : New Mexico Court of Appeals
- Release Date : January 22, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Defendants first memorandum in opposition and first motion to amend the docketing statement raised the issue of whether the trial court imposed an illegal sentence by sentencing defendant to a parole term of seven years to commence after completion of his time of imprisonment. The motion to amend was granted because jurisdictional questions may be raised for the first time on appeal, NMSA 1978, Crim., Child.Ct., Dom. Rel. & W/C App. Rule 308 (Repl. Pamp.1983); State v. Otto, 98 N.M. 734, 652 P.2d 756 (Ct. App.1982); State v. McNeece, 82 N.M. 345, 481 P.2d 707 (Ct. App.1971), and a trial court has no jurisdiction to impose an illegal sentence, State v. Crespin, 96 N.M. 640, 633 P.2d 1238 (Ct. App.1981); see State v. McNeece. We proposed summary affirmance as to this issue. Defendant has filed a memorandum in opposition to the proposed summary affirmance and a second motion to amend the docketing statement. Finding defendants memorandum in opposition unpersuasive, we affirm. In addition, defendants second motion to amend is denied for the reasons stated below.
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