Home/New Mexico Court of Appeals/State v. Brewton

State v. Brewton

487 P.2d 1355, 83 N.M. 50
CourtNew Mexico Court of Appeals
DecidedJuly 30, 1971
Docket694
StatusPublished
Cited by10 cases

This text of 487 P.2d 1355 (State v. Brewton) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Brewton, 487 P.2d 1355, 83 N.M. 50 (N.M. Ct. App. 1971).

Opinion

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.

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Cite This Page — Counsel Stack

Bluebook (online)
487 P.2d 1355, 83 N.M. 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brewton-nmctapp-1971.