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STATE v. HEYWARD

No. 3017.

568 P.2d 616 (1977)

90 N.M. 780

STATE of New Mexico, Plaintiff-Appellant, v. Thomas Heyward, aka Heyward Thomas, aka Flaco, aka Thomas Heywood, Defendant-Appellee.

Court of Appeals of New Mexico.

August 23, 1977.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Dennis Murphy, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Jan A. Hartke, Chief Public Defender, Reginald J. Storment, Appellate Defender, William Lazar, Asst. Appellate Defender, Santa Fe, for defendant-appellee.

OPINION

WOOD, Chief Judge.

Does the enhanced sentence provision of the general habitual offender statute, § 40A-29-5(A), N.M.S.A. 1953 (2d Repl. Vol. 6), apply to defendant's conviction for trafficking in heroin? No.

The information charges a felony conviction in 1972 for unlawful possession of heroin and a second felony conviction in 1977 for trafficking in heroin. The trafficking conviction was for violation of § 54-11-20, N.M.S.A. 1953...

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