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eBook details

• Title: State v. Lucero
• Author : Supreme Court of the State of Oklahoma
• Release Date : January 27, 2007
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

{1} Martin Lucero (Defendant) was charged with robbery against a person sixty years of age or older, larceny, and tampering with evidence. At the time of the trial, Aileen Yule (Victim) was seventy-seven years old. An October 24, 2002, criminal complaint alleged that Defendant had committed a crime against the elderly, contrary to NMSA 1978, Section 31-18-16.1 (1993, repealed 2003). The jury found Defendant guilty of the charges, including the facts required for the Section 31-18-16.1 sentencing enhancement, on February 11, 2004. Prior to Defendants sentencing, the Legislature simultaneously repealed Section 31-18-16.1 and adopted the Hate Crimes Act, effective on July 1, 2003. See 2003 N.M. Laws, ch. 384, §§ 1-7. The trial court sentenced Defendant on March 4, 2004. Defendant appealed to the Court of Appeals and, for the first time, alleged his sentence was illegally enhanced because Section 31- 18-16.1 had been repealed prior to trial and sentencing. State v. Lucero, 2006-NMCA-114, 1, 3, 5-8, 140 N.M. 327, 142 P.3d 915. The Court of Appeals held that the sentencing enhancement statute was wrongly applied to Defendant and reversed and remanded to the district court for resentencing. Id. 20. The State appeals to this Court and asks us to reverse the Court of Appeals. We hold that Section 31-18-16.1 applies to Defendant because his case was pending at the time the statute was repealed and, consequently, reverse the Court of Appeals.

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