(Download) "State v. Barreras" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Barreras
- Author : New Mexico Court of Appeals
- Release Date : January 28, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Defendant used a firearm in committing aggravated battery. In imposing sentence, the trial court refused to consider suspending defendants sentence on the basis that § 40A-29-3.1, N.M.S.A. 1953 (2d Repl. Vol. 6) was mandatory. Defendant contends that § 40A-29-3.1, supra, could not be applied in his case. We hold that § 40A-29-3.1, supra, was applicable to defendants sentence but that it was misapplied. Accordingly, we remand for further hearing as to whether a part of the sentence should be suspended.
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