New Mexico Supreme Court Rules Inmate’s Deadly Weapon Possession Convictions Violate Double Jeopardy Rights
NMSC News:
SANTA FE The New Mexico Supreme Court (NMSC) Thursday vacated one of a prisoner’s two convictions for possession of a deadly weapon because the multiple punishments for violations of the same law violated constitutional double jeopardy rights.
In a unanimous opinion, the Court determined that Milo Benally’s convictions were based on a “single course of conduct” rather than two separate, distinct acts. Under the facts in Benally’s case, the justices concluded that the Legislature did not intend for multiple punishments of the law against possession of a deadly weapon by a prisoner.