State v. Luna
This text of 442 P.2d 797 (State v. Luna) 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.
Opinion
OPINION
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.
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).
The Order denying relief is affirmed.
It is so ordered.
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442 P.2d 797, 79 N.M. 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-luna-nmctapp-1968.