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STATE v. JAMES

No. 12742.

614 P.2d 16 (1980)

STATE of New Mexico, Plaintiff-Appellee, v. Jerry Ray JAMES, Defendant-Appellant.

Supreme Court of New Mexico.

July 23, 1980.

Attorney(s) appearing for the Case

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

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

OPINION

FEDERICI, Justice.

Appellant was convicted and sentenced for conspiracy to commit armed robbery and armed robbery. At the same time, the State filed a supplemental information alleging the appellant to be an habitual offender, pursuant to Section 31-18-5(C), N.M.S.A. 1978. Trial was held on this issue a year later, two Rule 37 extensions having been granted by Judge Reese, acting temporarily as an officer...

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