life sentence, and the earliest date a convicted capital felon might be considered for parole under existing legislation, are questions of law; the trial court can determine the answers to these questions and should, if requested, instruct the sentencing jury accordingly. Clark now has been sentenced on his noncapital offense for kidnapping (twenty-six years of imprisonment), and the trial court has ordered that sentence to be served consecutively to his existing sentence for criminal sexual penetration in the course of a kidnapping (twenty-four years). On remand the sentencing jury shall be apprised of the earliest point in time that Clark can be considered for parole should the jury choose to sentence him to life imprisonment. Cf. Martinez v. State, 108 N.M. 382, 772 P.2d 1305 (1989) (<HOLDING>). Other issues. While most of the other issues
holding that njsa 2c113b requires a minimum sentence of thirty years without parole eligibility holding that where the capital defendants future dangerousness is at issue and state law prohibits the defendants release on parole due process requires that the sentencing jury be informed that the defendant is parole ineligible holding that an indictment for capital murder must contain at least one aggravating factor holding misrepresentation must at least be partial cause of plaintiffs injury holding that capital felons must be imprisoned for at least thirty years before being given a parole hearing regardless of any meritorious deductions allowed to noncapital felons