State v. Luna

New Mexico Court of Appeals

Decided June 14, 1968

New Mexico Court of Appeals · decided 1968-06-14

Relies on State v. Verdugo · State v. Sedillo · State v. Sedillo

Good law ✅— No negative treatment on recordhow we know

Decided 1968-06-14

How this case has been cited

Cited by 30 later decisions — most recently May 2007 · most notably State v. Laney (2003), 32 Cal. App. 3d 68 - In Re Young (1973)

30 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 OPINION

WOOD, Judge.

¶2 Appealing from a denial of post conviction relief, defendant contends that he is entitled to • credit on his sentence for time spent in presentence confinement. He relies on Sec. 40A-29-25,- NMSA 1953 (Supp. 1967), which provides for such a credit.

¶3 Defendant’s' presenterice confinement time 'occurred prior to the effective date of Sec. 40A-29-25, supra. Sec. 40Á-29-25 is not to be given retroactive effect. State v. Sedillo (Ct.App.), 79 N.M. 289, 442 P.2d 601, decided May 24, 1968. State v. Padilla, 78 N.M. 702, 437 P.2d 163 (Ct.App.1968); see State v. Sedillo, 79 N.M. 9, 439 P.2d 226 (1968).

¶4 The Order denying relief is affirmed.

¶5 It is so ordered.

SPIESS, C. J., and OMAN, J., concur.