Legal Question in Criminal Law in New Mexico

habitual sentencings

my husband is waiting to be exterdated to new mexico on a fugitivewarrant for freud.he` GOING BACK FOR SENTENCING SINCE HE SKIPPED BAIL.he has a previous record,at least 4 previous felonies he has been convicted of and spendt jailtime for in other states.none prior in n.m

i`ve heard about 3 strikes and ur out,habitual sentencing,

and was wondering how that works.is that if he had 2 prior felonies within the same state,or does it not matter what states it was prior.how does a judge decide on an habitual sentencing???

thanx


Asked on 11/04/03, 4:17 pm

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: habitual sentencings

Your question appears to represent many sentencing guidelines and laws of the several states. Maryland has no "3-strikes" rule but does have a sentence matrix. Other states have other approaches. Contact an attorney.

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Answered on 11/04/03, 11:11 pm
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: habitual sentencings

In New Mexico a judge must consider all prior felonies when determining whether or not one is an habitual offender. It does not matter where the convictions occured, nor that they were outside New Mexico. By law the basic sentence of the current crime of conviction is enhanced as an habitual offender, based upon all prior felony convictions.

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Answered on 11/04/03, 5:07 pm


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