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STATE v. MAYBERRY

No. 5423.

643 P.2d 629 (1982)

97 N.M. 760

STATE of New Mexico, Plaintiff-Appellee, v. Charles MAYBERRY, Defendant-Appellant.

Court of Appeals of New Mexico.

March 25, 1982.

Attorney(s) appearing for the Case

Mary Lou Carson, Tierra Amarilla, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Heidi Topp Brooks, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Judge.

Defendant has been found to be, and sentenced as, an habitual offender under § 31-18-17(B), N.M.S.A. 1978 (1981 Repl. Pamph.). The issues in defendant's appeal involve: (1) delay in the habitual proceedings, and (2) the relation of his sentence as an habitual offender to other sentencing provisions.

Delay in the Habitual Proceedings

A jury convicted defendant of aggravated assault by use of a firearm in...

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