STATE v. SANDOVAL

No. 27,881.

78 P.3d 907 (2003)

134 N.M. 453

2003-NMSC-027

STATE of New Mexico, Plaintiff-Petitioner, v. Anthony Joseph SANDOVAL, Defendant-Respondent.

Supreme Court of New Mexico.

October 7, 2003.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Max Shepherd, Assistant Attorney General, Albuquerque, NM, for Petitioner.

John Bigelow, Chief Public Defender, Karl Erich Martell, Assistant Appellate Defender, Santa Fe, NM, for Respondent.


OPINION

SERNA, Justice.

{1} The district court sentenced Defendant Anthony Sandoval as a habitual offender based on three prior felony convictions. Defendant appealed his sentence to the Court of Appeals on the ground that it violated the requirement in Rule 5-604(B)(1) NMRA 2003 that the habitual criminal proceeding be commenced within six months of arraignment. The Court of Appeals reversed, holding that the district court lacked authority to grant...

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