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STATE v. AGUILAR

No. 13169.

624 P.2d 520 (1981)

95 N.M. 578

STATE of New Mexico, Petitioner, v. Ricardo AGUILAR, Respondent.

Supreme Court of New Mexico.

February 23, 1981.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Marcia E. White, Asst. Atty. Gen., Santa Fe, for petitioner.

Martha A. Daly, Appellate Defender, Santa Fe, for respondent.

OPINION

EASLEY, Chief Justice.

Aguilar was convicted of aggravated assault with a deadly weapon (a firearm). The trial court ruled that the mandatory incarceration provision of the firearm enhancement statute, Section 31-18-16, N.M.S.A. 1978 (Cum.Supp. 1980), is unconstitutional as a violation of the doctrine of separation of powers. The trial court then sentenced Aguilar to one year enhanced by the additional one year mandated by the enhancement statute...

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