(Download) "State v. Handa" by New Mexico Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: State v. Handa
- Author : New Mexico Court of Appeals
- Release Date : January 12, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Defendant appeals his conviction and sentence for two counts of assault with intent to commit a violent felony on a peace officer, one count of being a felon in possession of a firearm, and one count of being a habitual offender. Defendant raises five issues on appeal: (1) whether Defendant's guilty plea bars him from raising his double jeopardy claims on appeal; (2) whether Defendant's conviction for two counts of assault with intent to commit a violent felony on a peace officer was in violation of Defendant's double jeopardy rights in that Defendant's acts constituted a single offense; (3) whether the trial court lacked jurisdiction to adjudicate and sentence Defendant as a habitual offender because no criminal information charging him as a habitual offender was made part of the record; (4) whether the use of Defendant's conditional discharge was improper because it did not constitute a prior conviction at the time Defendant was sentenced; and (5) whether using Defendant's prior conditional discharge to prove both the crime of felon in possession of a firearm and his status as a habitual offender violated Defendant's double jeopardy rights. With regard to the first issue, we hold that Defendant is not barred from raising his double jeopardy claim on appeal and address the issue on the merits. We reverse on the second issue, and hold that two convictions and punishments for assault violated Defendant's double jeopardy rights. We reject Defendant's arguments on the third issue, and hold that the criminal information charging Defendant as a habitual offender was made part of the record. As to the fourth issue, we also reject Defendant's argument. We cannot allow Defendant to profit from breaching his agreement with the trial court that he would agree to the use of his prior conditional discharge for sentencing purposes and would not raise that issue on appeal. Finally, since we determine that the use of Defendant's conditional discharge was proper under the facts and circumstances of this case, we address issue five and hold that the use of Defendant's conditional discharge to convict him of felon in possession of a firearm and to enhance his sentence for assault on a peace officer did not violate double jeopardy.