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STATE v. HUGHES

No. 5008.

633 P.2d 714 (1981)

STATE of New Mexico, Plaintiff-Appellant, v. Billy Ray HUGHES, Defendant-Appellee.

Court of Appeals of New Mexico.

May 5, 1981.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Carol Vigil, Asst. Atty. Gen., Sante Fe, for plaintiff-appellant.

Steve Quinn, Quinn & Quinn, Clovis, for defendant-appellee.

OPINION

HENDLEY, Judge.

Pursuant to § 39-3-3(B)(1), N.M.S.A. 1978, the State appeals the dismissal of the second count in a three count supplemental information under the Habitual Offender Statute, § 31-18-17, N.M.S.A. 1978 (Supp. 1980). We affirm.

The second count involves a conviction on January 28, 1980, for an offense committed on July 27, 1978. The third count is for a conviction on September 29, 1980, for an offense committed on December...

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