STATE v. WISE

No. 13015.

620 P.2d 1290 (1980)

95 N.M. 265

STATE of New Mexico, Plaintiff-Appellee, v. Harvey WISE, Defendant-Appellant.

Supreme Court of New Mexico.

December 31, 1980.


Attorney(s) appearing for the Case

Martha A. Daly, Appellate Defender, Michael Dickman, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Eddie Michael Gallegos, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

FEDERICI, Justice.

Defendant was convicted of being an habitual criminal under Section 31-18-5, N.M.S.A. 1978. Judgment and sentence were entered on June 21, 1979. We construed the statute in State v. Linam, 93 N.M. 307, 600 P.2d 253 (1979), as requiring the factfinder to find the defendant committed and was found guilty of one crime before commission of the next following crime...

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