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STATE v. RUSSELL

No. 4633.

612 P.2d 1355 (1980)

94 N.M. 544

STATE of New Mexico, Plaintiff-Appellee, v. Tom Mix RUSSELL, Defendant-Appellant.

Court of Appeals of New Mexico.

May 29, 1980.

Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Serapio L. Jaramillo, Albuquerque, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Michael E. Sanchez, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Convicted of commercial burglary contrary to § 30-16-3(B), N.M.S.A. 1978, and of being a habitual offender pursuant to § 31-18-17(B), N.M.S.A. 1978 (Supp. 1979), defendant appeals. He contends the trial court erred when it held that it had no discretion to suspend or defer the basic sentence imposed under § 31-18-15.1, N.M.S.A. 1978 (Supp. 1979), when it had increased the sentence by one year pursuant to § 31-18...

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