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STATE v. BARRERAS

No. 1697.

536 P.2d 1108 (1975)

88 N.M. 52

STATE of New Mexico, Plaintiff-Appellee, v. Isabel BARRERAS, Defendant-Appellant.

Court of Appeals of New Mexico.

May 28, 1975.

Attorney(s) appearing for the Case

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, App. Defender, Gerald Chakerian, Asst. App. Defender, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Ralph Muxlow II, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Defendant used a firearm in committing aggravated battery. In imposing sentence, the trial court refused to consider suspending defendant's sentence on the basis that § 40A-29-3.1, N.M.S.A. 1953 (2d Repl. Vol. 6) was mandatory. Defendant contends that § 40A-29-3.1, supra, could not be applied in his case. We hold that § 40A-29-3.1, supra, was applicable to defendant's sentence but that it was misapplied. Accordingly...

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