New Mexico Statutes 31-18-23. Three violent felony convictions; mandatory life imprisonment; exception
A. When a defendant is convicted of a third violent felony, and each violent felony conviction is part of a separate transaction or occurrence, and at least the third violent felony conviction is in New Mexico, the defendant shall, in addition to the sentence imposed for the third violent conviction, be punished by a sentence of life imprisonment. The life imprisonment sentence shall be subject to parole pursuant to the provisions of Section 31-21-10 N.M. Stat. Ann..
Terms Used In New Mexico Statutes 31-18-23
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
B. The sentence of life imprisonment shall be imposed after a sentencing hearing, separate from the trial or guilty plea proceeding resulting in the third violent felony conviction, pursuant to the provisions of Section 31-18-24 N.M. Stat. Ann..
C. For the purpose of this section, a violent felony conviction incurred by a defendant before the defendant reaches the age of eighteen shall not count as a violent felony conviction.
D. When a defendant has a felony conviction from another state, the felony conviction shall be considered a violent felony for the purposes of the Criminal Sentencing Act if that crime would be considered a violent felony in New Mexico.
E. As used in the Criminal Sentencing Act:
(1) “great bodily harm” means an injury to the person that creates a high probability of death or that causes serious disfigurement or that results in permanent loss or impairment of the function of any member or organ of the body; and
(2) “violent felony” means:
1978;
(a) murder in the first or second degree, as provided in Section 30-2-1 NMSA (b) shooting at or from a motor vehicle resulting in great bodily harm, as provided in Subsection B of Section 30-3-8 N.M. Stat. Ann.;
(c) kidnapping resulting in great bodily harm inflicted upon the victim by the victim’s captor, as provided in Subsection B of Section 30-4-1 N.M. Stat. Ann.;
(d) criminal sexual penetration, as provided in Subsection C or D or
Paragraph (5) or (6) of Subsection E of Section 30-9-11 N.M. Stat. Ann.; and
(e) robbery while armed with a deadly weapon resulting in great bodily harm as provided in Section 30-16-2 N.M. Stat. Ann. and Subsection A of Section 30-1-12 N.M. Stat. Ann..