Torres v. Santistevan

Summary

The New Mexico Supreme Court held that consolidation of the four indictments created a single judgment and sentence, that the district court may impose only one probation term not exceeding five years, and therefore the stacked consecutive probation terms were illegal, requiring the petitioner’s immediate release. The Court also held that the three conspiracy convictions arose from a unitary agreement and thus violated double jeopardy, directing the lower court to vacate two of the convictions on remand.