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State v. Brewton

STATE of New Mexico, Plaintiff-Appellee, v. Alton Leon BREWTON, Defendant-Appellant

State v. Brewton, 487 P.2d 1355 (N.M. Ct. App. 1971)
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Court
New Mexico Court of Appeals · State Appellate Courts
Decided
July 30, 1971
Docket
No. 694
Judges
Sutin, Wood, Hendley
Citations
487 P.2d 135583 N.M. 50

Opinion — Sutin

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1972: 11979: 11982: 21989: 11990: 11992: 11995: 12023: 219722026peak 1982 · 2

Relies on it most ⓘ

  1. State v. Ramzy649 P.2d 504 (N.M. Ct. App. 1982)
  2. State v. Miranda779 P.2d 976 (N.M. Ct. App. 1989)
  3. State v. Facteau790 P.2d 1029 (N.M. 1990)
  4. State v. Barefield595 P.2d 406 (N.M. Ct. App. 1979)
  5. State v. Orona651 P.2d 1312 (N.M. Ct. App. 1982)
  6. State v. Ruiz902 P.2d 575 (N.M. Ct. App. 1995)

Most recent

  1. State v. WatsonNo. A-1-CA-40591 (N.M. Ct. App. July 19, 2023)
  2. State v. HerreraNo. A-1-CA-38256 (N.M. Ct. App. June 1, 2023)
  3. State v. Ruiz902 P.2d 575 (N.M. Ct. App. 1995)
  4. State v. Tyler840 P.2d 413 (Kan. 1992)
  5. State v. Facteau790 P.2d 1029 (N.M. 1990)
  6. State v. Miranda779 P.2d 976 (N.M. Ct. App. 1989)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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