STATE v. ARRINGTON

No. 13920.

855 P.2d 133 (1993)

115 N.M.App. 559

STATE of New Mexico, Plaintiff-Appellant, v. Hope R. ARRINGTON, Defendant-Appellee.

Court of Appeals of New Mexico.

April 16, 1993.


Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., William McEuen, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Sammy J. Quintana, Chief Public Defender, David Henderson, Asst. Appellate Defender, Santa Fe, for defendant-appellee.


OPINION

PICKARD, Judge.

The central issue presented in this case is whether the trial court, in sentencing a habitual offender, may determine that a mandatory prison term is constitutionally impermissible under the Eighth Amendment of the United States Constitution, and Article II, Section 13 of the New Mexico Constitution. We hold that in extremely limited circumstances, a trial court may do so. Because the trial court in the present case could properly...

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