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§ 31-20A-2 NMSA 1978

Capital felony; determination of sentence

Applied in 1 court decision — leading case Williams v. Calderon (1995)

Most recently applied in Williams v. Calderon (April 1995)

Laws 1979, ch. 150, § 3.; 2009, ch. 11, § 3.

If a jury finds, beyond a reasonable doubt, that one or more aggravating circumstances exist, as enumerated in Section 31-20A-5 NMSA 1978, the defendant shall be sentenced to life imprisonment without possibility of release or parole. If the jury does not make the finding that one or more aggravating circumstances exist, the defendant shall be sentenced to life imprisonment.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.