STATE v. VIGIL

No. 5344.

643 P.2d 618 (1982)

97 N.M. 749

STATE of New Mexico, Plaintiff-Appellee, v. David Fidel VIGIL, Defendant-Appellant.

Court of Appeals of New Mexico.

March 23, 1982.


Attorney(s) appearing for the Case

Roger A. Wagman, Juan B. Montoya, Albuquerque, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Clare E. Mancini, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Judge.

Defendant has been sentenced to the penitentiary either on the basis of secret or hearsay information, or both. The attorneys representing the State, at both the trial and appellate levels, vigorously defend this basis for incarceration. Such a basis is not defensible; it calls to mind the English starchamber proceedings. We discuss: (1) secret information and due process; and (2) use of hearsay in establishing a violation of probation...

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