When a defendant has been convicted of a capital felony, the defendant shall be sentenced to life imprisonment or life imprisonment without possibility of release or parole.

History: 1978 Comp., § 31-18-14, enacted by Laws 1979, ch. 150, § 1; 1993, ch. 77, § 5; 2009, ch. 11, § 1.

Repeals and reenactments. — Laws 1979, ch. 150, § 1, repealed former 31-18-14 NMSA 1978 (40A-29-27.1, 1953 Comp.), relating to life imprisonment for conviction of a capital felony, and enacted the above section.

Cross references. — For capital felony sentencing procedure, see 31-20A-2 and 31-20A-5 NMSA 1978.

The 2009 amendment, effective July 1, 2009, abolished the death penalty and provided for sentencing to life imprisonment without possibility of release or parole.

The 1993 amendment, effective July 1, 1993, substituted "may be sentenced" for "shall be sentenced" in the last sentence of Subsection A and added "but shall not be punished by death" at the end thereof.

Applicability. — Laws 2009, ch. 11, § 6 provided that the provisions of this section apply to crimes committed on or after July 1, 2009.

Constitutionality. — Where defendant pled guilty to one count of first-degree, willful and deliberate murder, and where, prior to sentencing, defendant filed a motion seeking the opportunity to present mitigating evidence which could eventually shorten his sentence, arguing that Section 31-18-14 NMSA 1978 is unconstitutional because it does not provide for the opportunity for capital felons to present evidence of mitigating circumstances at sentencing and Section 31-18-15.1 NMSA 1978 requires the district court to hold a sentencing hearing for lesser offenses, defendant's equal protection rights were not violated, because first-degree murderers are not similarly situated to lesser offenders, in that first-degree murderers are guilty of a categorically more serious offense. It is a lawful exercise of legislative authority to impose distinct sentencing schemes for first-degree murder and lesser offenses, and the language of Section 31-18-14 reflects an intent that those convicted of first-degree murder be treated differently from less serious offenders, regardless of the maximum possible penalty. State v. Franklin, 2018-NMSC-015.

Life sentence for mentally ill offender constitutional. — Mandatory life sentence for a capital crime committed by a defendant found to be guilty but mentally ill did not constitute cruel and unusual punishment in violation of the eighth amendment. Neely v. Newton, 149 F.3d 1074 (10th Cir. 1998), cert. denied, 525 U.S. 1107, 119 S. Ct. 877, 142 L. Ed. 2d 777 (1999).

It is first degree murder that the legislature has designated as eligible for capital sentencing when an aggravating circumstance is present. State v. Fry, 2006-NMSC-001, 138 N.M. 700, 126 P.3d 516 (decided prior to 2009 repeal of death penalty).

New Mexico's death penalty is unconstitutional, and the penalty to be imposed for a conviction of first-degree murder is life imprisonment. State v. Noble, 1977-NMSC-031, 90 N.M. 360, 563 P.2d 1153 (decided prior to 2009 repeal of death penalty).

This section, which provided, upon conviction of a capital crime, for mandatory sentence of death, and leaves neither judge nor jury discretion to impose a lesser sentence, violates state and federal constitutional provisions against cruel and unusual punishment and is void. This action revives previous 40A-29-2, 1953 Comp., as it existed before its amendment in 1973, but that section was likewise unconstitutional and void in that it left recommendation of death or life imprisonment to the unbridled discretion of the jury. Therefore, maximum penalty available for defendants convicted of murder is life imprisonment. State v. Rondeau, 1976-NMSC-044, 89 N.M. 408, 553 P.2d 688 (decided prior to 2009 repeal of death penalty).

Life imprisonment proper penalty for serious felonies. — The imposition of the death penalty for felony-murder, rape, aggravated sodomy and kidnapping was unconstitutional; the proper penalty to be imposed was life imprisonment. State v. Melton, 1977-NMSC-014, 90 N.M. 188, 561 P.2d 461 (decided prior to 2009 repeal of death penalty).

Mandatory nature of section. — The court did not have discretion not to sentence the defendant, a minor, to a life term after a conviction of a first degree capital felony. State v. Taylor, 1988-NMSC-023, 107 N.M. 66, 752 P.2d 781 (decided prior to 1993 amendment) (decided prior to 2009 repeal of death penalty).

Death qualification of a jury, properly conducted, is not grounds for reversal. State v. Gilbert, 1983-NMSC-083, 100 N.M. 392, 671 P.2d 640, cert. denied, 465 U.S. 1073, 104 S. Ct. 1429, 79 L. Ed. 2d 753 (1984) (decided prior to 2009 repeal of death penalty).

Law reviews. — For article, "The Proposed New Mexico Criminal Code," see 1 Nat. Resources J. 122 (1961).

For comment, "Definitive Sentencing in New Mexico: The 1977 Criminal Sentencing Act," see 9 N.M.L. Rev. 131 (1978-79).

For article, "Constitutionality of the New Mexico Capital Punishment Statute," see 11 N.M.L. Rev. 269 (1981).

For article, "Sufficiency of Provocation for Voluntary Manslaughter in New Mexico: Problems in Theory and Practice," see 12 N.M.L. Rev. 747 (1982).

For annual survey of New Mexico law relating to criminal procedure, see 13 N.M.L. Rev. 341 (1983).

For article, "The Capital Defendant's Right to Make a Personal Plea for Mercy: Common Law Allocution and Constitutional Mitigation," see 15 N.M.L. Rev. 41 (1985).

For comment, "An Equal Protection Challenge to First Degree Depraved Mind Murder Under the New Mexico Constitution", see 19 N.M.L. Rev. 511 (1989).

For article, "Unintentional homicides caused by risk-creating conduct: Problems in distinguishing between depraved mind murder, second degree murder, involuntary manslaughter, and noncriminal homicide in New Mexico," 20 N.M.L. Rev. 55 (1990).

For note on Imposing the Death Penalty upon Juvenile Offenders, see 21 N.M.L. Rev. 373 (1991).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 21 Am. Jur. 2d Criminal Law §§ 942 et seq.; 956 to 960, 965 to 970, 972, 973.

Propriety of imposition of death sentence by state court following jury's recommendation of life imprisonment or lesser sentence, 8 A.L.R.4th 1028.

Application of death penalty to nonhomicide cases, 62 A.L.R.5th 121.

Propriety, under Federal Constitution, of evidence or argument concerning deterrent effect of death penalty, 78 A.L.R. Fed. 553.

24 C.J.S. Criminal Law §§ 1593, 1596, 1597, 1604, 1609.