State v. Segotta

Defendants Lisa Jeanette Segotta (Segotta) and David O. Mead (Mead), were indicted on Count I for the first degree murder of John A. Segotta contrary to NMSA 1978, Section 30-2-1(A), and on Count II for conspiracy to commit first degree murder contrary to NMSA 1978, Section 30-28-2, and NMSA 1978, Section 30-2-1(A). Segotta was also indicted on Count III for solicitation to commit first degree murder contrary to NMSA 1978, Section 30-28-3 (Cum. Supp.1980), and Section 30-2-1(A). Both Segotta and Mead were convicted of second degree murder. Segotta was also convicted of solicitation to commit first degree murder. On review, the Court of Appeals affirmed the convictions of Segotta and Mead but remanded both cases for resentencing because NMSA 1978, Section 31-18-15.1 (Cum. Supp.1983) was held unconstitutional. State v. Segotta, 100 N.M. 18, 665 P.2d 280 (Ct. App.1983); State v. Mead, 100 N.M. 27, 665 P.2d 289 (Ct. App.1983). The State of New Mexico (State) petitions for writ of certiorari. We reverse both cases only on the issue of the constitutionality of Section 31-18-15.1.