Supreme Court: Convicted Las Cruces murderer to remain in prison

Category: Non-Local News Releases Non-Local News Releases
Published: 16 February 2018 16 February 2018

LAS CRUCES – Doña Ana County District Attorney Mark D'Antonio and New Mexico Attorney General Hector Balderas on Friday announced that the New Mexico Supreme Court agreed with the Office of the Attorney General Criminal Appeals Division, upholding the life sentence of convicted murderer Corey Franklin.

"I am thankful the justices affirmed the life sentence for this convicted murderer," Balderas said. "As a result of Thursday's opinion, our entire state remains a little safer, and Mr. Franklin will remain in prison where he belongs."

"Our heartfelt condolences remain with the family of Ms. Hernandez," added D'Antonio. "I am grateful for the work of Attorney General Balderas and his staff. Together, we remain committed to working with our partners in law enforcement in pursuing justice for all victims of crime."

Franklin, now 26, pleaded guilty in 2016 to a single count of first degree murder, a capital offense, and was sentenced to life in prison. Franklin murdered his girlfriend, Graciela Hernandez in January 2015. The incident happened outside a home in the 1400 block of Eclipse Road, north of Las Cruces. According to investigators, the defendant used multiple knives to stab Hernandez 11 times before beating her with a cooking pot and dragging her to the bedroom.

Afterwards, the defendant went to a convenience store, bought alcohol, returned home and then passed out. When he woke up, he told authorities he found his girlfriend unresponsive.

Chief Deputy District Attorney Gerald Byers prosecuted the case and secured the guilty plea on behalf of the State, and District Judge Fernando Macias sentenced Franklin to life in prison. Franklin appealed the sentence, and on Thursday the New Mexico Supreme Court denied Franklin's appeal.

The Supreme Court held that Franklin's due process rights had not been violated, and that his claims that New Mexico murder statutes were unconstitutional and amounted to cruel and unusual punishment were unfounded.

Under New Mexico law, a life sentence means the defendant will serve a mandatory 30-year sentence before being eligible for parole.

Jane Bernstein handled the appellate case on behalf of the Office of the Attorney General.

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