STATE v. BURK

Nos. 7391, 7446.

680 P.2d 980 (1984)

101 N.M. 263

STATE of New Mexico, Plaintiff-Appellant, v. Don Lynn BURK, Defendant-Appellee.

Court of Appeals of New Mexico.

April 17, 1984.


Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., William Lazar, William McEuen, Asst. Attys. Gen., Santa Fe, for plaintiff-appellant.

Janet Clow, Chief Public Defender, J. Thomas Sullivan, Appellate Defender, Santa Fe, Calvin R. Neumann, Trial Counsel, Clovis, for defendant-appellee.


OPINION

ALARID, Judge.

The State appeals from orders dismissing supplemental informations which charge defendant with being an habitual offender. The appeals were consolidated because they involve the same issue, namely, whether a proceeding in another state in which the defendant pleads guilty, but where no adjudication of guilt is entered, may be considered a "conviction" for purposes of New Mexico's Habitual...

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