TOMLINSON v. STATE

No. 14149.

647 P.2d 415 (1982)

98 N.M. 213

Joe Glen TOMLINSON, Petitioner, v. STATE of New Mexico, Respondent.

Supreme Court of New Mexico.

June 29, 1982.


Attorney(s) appearing for the Case

John Bigelow, Chief Public Defender, Ellen Bayard, Asst. Appellate Defender, Santa Fe, Grant Foutz, Trial Counsel, Gallup, for petitioner.

Jeff Bingaman, Atty. Gen., Heidi Topp Brooks, Asst. Atty. Gen., Santa Fe, for respondent.


OPINION

EASLEY, Chief Justice

Tomlinson was convicted of three counts of kidnapping and one count of robbery. After receiving the verdict from the jury, the trial judge immediately sentenced Tomlinson to four ten year terms to be served concurrently. The Court of Appeals affirmed, but we reverse.

The question before us is whether under Section 31-18-15.1, N.M.S.A. 1978 (Repl. Pamp. 1981), a trial judge is required to hold a sentencing hearing, allowing...

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