State v. Mcdonald Book Reviews

State v. Mcdonald by In the Court of Appeals of the State of New Mexico Book Summary

Certiorari granted No. 28,237 October 10, 2003 OPINION ¶1 Defendant appeals from a judgment and sentence entered after a jury found him guilty of armed robbery and conspiracy to commit armed robbery. The jury had deadlocked on Count I, involving felony murder and the lesser-included offense of second degree murder, and the respective conspiracy counts. The district court thereafter ruled that the failure to poll the jury resulted in an ""implied acquittal"" of the felony murder and conspiracy to commit felony murder charges. The district court denied Defendant's motion to bar retrial of the remaining counts and Defendant filed a separate appeal from this order. We consolidated the appeals and now address the following issues: (1) whether the district court properly sentenced Defendant under NMSA 1978, § 31-18-15(A)(2), (4) (1999), both of which provisions require a finding that the crime resulted ""in the death of a human being""; (2) whether Subsections 31-18-15(A)(2) and (4) constitute an ""enhanced sentence"" that may not be further enhanced by other sentencing statutes; (3) whether conspiracy is a crime subject to reduced good time credit; and (4) whether retrial on conspiracy to commit murder is barred because the evidence supports only one conspiracy. ¶2 After this case was assigned to the general calendar, the State moved to sever the appeals and dismiss the appeal from the order addressing retrial. We hereby deny the motion. We affirm as to issues two and four and reverse on issues one and three.

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