No person shall be exempt from prosecution and punishment for any crime or offenses against any law of this state by reason of the subsequent repeal of such law.

ANNOTATIONS

This section does not apply to 2002 amendment to 31-18-17 NMSA 1978 or to the interpretation of the amendment through 12-2A-16 NMSA 1978. State v. Shay, 2004-NMCA-077, 136 N.M. 8, 94 P.3d 8, cert. quashed, 2005-NMCERT-002, 137 N.M. 266, 110 P.3d 74.

Repeal between arrest and filing of information no bar. — Fact that statute under which defendant was charged (for unlawful possession of LSD) was repealed after arrest but prior to filing of information did not bar or abate the proceedings against the defendant. State v. McAdams, 1972-NMCA-029, 83 N.M. 544, 494 P.2d 622.

Habitual Criminal Act. — Although habitual criminality is a status rather than an offense, so that prior convictions only relate to the punishment to be imposed in the last case in which the accused was convicted of a felony in this state, trial court's sentencing of defendant under Habitual Criminal Act which had been repealed by time of sentencing was valid. State v. Tipton, 1967-NMSC-270, 78 N.M. 600, 435 P.2d 430.

Because the Habitual Offender Act was not repealed, this section is not implicated. State v. Shay, 2004-NMCA-077, 136 N.M. 8, 94 P.3d 8, cert. quashed, 2005-NMCERT-002, 137 N.M. 266, 110 P.3d 74.

Negligent homicide. — Prosecution of automobile driver upon charge of negligent homicide under former 64-22-1, 1953 Comp., was not abated by subsequent repeal of the statute by Laws 1957, ch. 239. State v. Tracy, 1958-NMSC-043, 64 N.M. 55, 323 P.2d 1096.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 73 Am. Jur. 2d Statutes § 384.

Witnesses, statute restoring competency of convicts as, as infringement of governor's pardoning power, 63 A.L.R. 982.

Crime, withdrawal by legislative act of power under which political body acted in punishing act as, as affecting prior offenses, 89 A.L.R. 1514.

Criminal prosecution, pendency of, within saving clause of statute, or principle which prevents application of statute to pending prosecution, 122 A.L.R. 670.

Penalty for second or subsequent offense, enhancement of, as affected by repeal of statute under which prior conviction was secured, 132 A.L.R. 105, 139 A.L.R. 673.

22 C.J.S. Criminal Law § 29; 82 C.J.S. Statutes §§ 434 to 439.