(Download) "State v. Haar" by New Mexico Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Haar
- Author : New Mexico Court of Appeals
- Release Date : January 01, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
Defendant was charged in metropolitan court with aggravated battery, a misdemeanor, in violation of NMSA 1978, Section 30-3-5. After a trial by jury, see NMSA 1978, Metro.R. 63 (Repl. Pamp.1981), defendant was convicted of simple battery, a petty misdemeanor. See NMSA 1978, § 30-3-4. The metropolitan court sentenced defendant to ninety days in the county jail, suspended all but thirty days of this jail time, ordered restitution and imposed a ninety-day period of probation. Defendant appealed to the district court where he was again convicted of simple battery. The district court sentenced defendant to ninety days in jail, suspended thirty days of the jail time and imposed a ninety-day probation. Defendant appeals. There are two items for discussion: (1) propriety of the increased jail time in the district court sentence; and (2) the States attempt to attack the metropolitan court sentence.