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STATE v. SILAS

No. 12177.

589 P.2d 674 (1979)

92 N.M. 434

STATE of New Mexico, Petitioner, v. James SILAS, Respondent.

Supreme Court of New Mexico.

January 24, 1979.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Michael E. Sanchez, Asst. Atty. Gen., Santa Fe, for petitioner.

G. Hank Farrah, III, Albuquerque, for respondent.

OPINION

EASLEY, Justice.

Defendant was sentenced as a second offender under the habitual offender statute, § 31-18-5, N.M.S.A. 1978 (formerly § 40A-29-5, N.M.S.A. 1953 (2d Repl. 1972)). The Court of Appeals reversed the sentence, and remanded with instructions to vacate the enhanced sentence and reinstate the original sentence entered upon conviction of the principal offense. State v. Silas, 17 N.M.St. B.Bull. 2810 (1978). Certiorari was...

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