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STATE v. CALVERT

Nos. 22,731, 22,734, 22,699.

62 P.3d 372 (2002)

133 N.M. 281

2003-NMCA-028

STATE of New Mexico, Plaintiff-Appellant, v. James CALVERT, Defendant-Appellee. State of New Mexico, Plaintiff-Appellant, v. Juan Zavala, Defendant-Appellee. State of New Mexico, Plaintiff-Appellant, v. Oscar Sanchez Jacquez, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied January 22, 2003.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Patricia Gandert, Assistant Attorney General, Santa Fe, NM, for Appellant.

Phyllis H. Subin, Chief Public Defender, Susan Roth, Assistant Appellate Defender, Santa Fe, NM, for Appellees.

Certiorari Denied, No. 27,853, January 22, 2003.

OPINION

BUSTAMANTE, Judge.

{1} We consolidate three cases on appeal which raise two questions integral to the mandatory sentencing provisions of NMSA 1978, § 66-8-102 (1999): whether a defendant may be awarded presentence confinement credit where the defendant has served less than the mandatory minimum "consecutive" jail term imposed pursuant to Section 66-8-102, and if so, whether a defendant...

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