From Casetext: Smarter Legal Research

State v. Brewton

Court of Appeals of New Mexico
Jul 30, 1971
83 N.M. 50 (N.M. Ct. App. 1971)
Download
PDF
Check
Treatment

Summary

denying a defendant presentence confinement credit because confinement during the requested period "was pursuant to his prior sentence"

Summary of this case from State v. Herrera
See 4 Summaries

Opinion

No. 694.

July 30, 1971.

Appeal from the District Court, Santa Fe County, Samuel Z. Montoya, D. J.

Roy G. Hill, Santa Fe, for defendant-appellant.

David L. Norvell, Atty. Gen., Thomas Patrick Whelan, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SUTIN, Judge.

Brewton seeks post conviction relief. He pleaded guilty to a misdemeanor committed in the state penitentiary while serving a prior sentence. He seeks credit on his sentence for the 28 days which elapsed between the day he was served with a warrant for his arrest and the day when judgment and sentence was entered on his plea of guilty. Reliance is placed on § 40A-29-25, N.M.S.A. 1953 (Repl.Vol. 6, Supp. 1969). This section is not applicable because his confinement during this period was pursuant to his prior sentence.

The trial court order which dismissed Brewton's motion for amended judgment and sentence is affirmed.

It is so ordered.

WOOD, C. J., and HENDLEY, J., concur.

Summaries of

State v. Brewton

Court of Appeals of New Mexico
Jul 30, 1971
83 N.M. 50 (N.M. Ct. App. 1971)

denying a defendant presentence confinement credit because confinement during the requested period "was pursuant to his prior sentence"

Summary of this case from State v. Herrera

In State v. Brewton, 83 N.M. 50, 487 P.2d 1355 (Ct.App. 1971), the court of appeals held that credit was possible only if the confinement was a direct result of the offense, and not for a prior, unfulfilled sentence.

Summary of this case from State v. Facteau

In State v. Brewton, 83 N.M. 50, 487 P.2d 1355 (Ct.App. 1971), defendant was serving a penitentiary sentence when he committed a misdemeanor.

Summary of this case from State v. Orona

In State v. Brewton, 83 N.M. 50, 487 P.2d 1355 (Ct.App. 1971), the defendant pled guilty to a misdemeanor committed in a state penitentiary while serving a prior sentence.

Summary of this case from State v. Ramzy
Case details for

State v. Brewton

Case Details

Full title:STATE of New Mexico, Plaintiff-Appellee v. Alton Leon BREWTON…

Court:Court of Appeals of New Mexico

Date published: Jul 30, 1971

Citations

83 N.M. 50 (N.M. Ct. App. 1971)
487 P.2d 1355

Citing Cases

State v. Ramzy

The language of the statute is mandatory. In State v. Brewton, 83 N.M. 50, 487 P.2d 1355 (Ct.App. 1971), the…

State v. Watson

As a result, Defendant was not entitled to presentence confinement credit in Case Two for the time from…

9 Citing Cases