STATE v. GUTIERREZ

No. 2693.

599 P.2d 385 (1979)

93 N.M. 232

STATE of New Mexico, Plaintiff-Appellee, v. Michael A. GUTIERREZ, Defendant-Appellant.

Court of Appeals of New Mexico.

February 1, 1979.


Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Reginald J. Storment, App. Defender, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Santa Fe, Charlotte Hetherington Roosen, Asst. Atty. Gen., Albuquerque, for plaintiff-appellee.


OPINION

WALTERS, Judge.

The defendant appeals his jury conviction of robbery with a deadly weapon, and contends that the mandatory enhancement of the sentence by the trial court upon the jury's specific finding of defendant's use of a firearm is violative of the constitutional double jeopardy prohibition.

Aside from the constitutional argument, which we find to be without merit since it raises the identical question answered adversely to defendant...

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