[Download] "State v. Pavlich" by New Mexico Supreme Court No. 8821 * Book PDF Kindle ePub Free
eBook details
- Title: State v. Pavlich
- Author : New Mexico Supreme Court No. 8821
- Release Date : January 10, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
COMPTON, Justice. In 1962, appellant was convicted by a jury of Colfax County of the crime of armed robbery and was sentenced therefor. Later,
while serving the sentence, he was returned from prison, tried and convicted by a jury of Colfax County under the provisions
of § 40A-29-7, N.M.S.A. 1953, as being an habitual offender, but no sentence was interposed at the time. Subsequently, his
application for post conviction relief under Rule 93, § 21-1-1(93), N.M.S.A. 1953 (1967 Supp.) being denied, he appealed.
Pavlich v. State, 79 N.M. 473, 444 P.2d 984. Upon appeal, the judgment was affirmed except as to the sentence interposed.
We remanded the case with directions to the trial court to resentence the appellant in accordance with the mandate of § 40A-29-7,
supra. The court conducted a hearing on the validity of prior felony convictions and appellant being dissatisfied with the
sentence then interposed, again appeals.