STATE v. DAVIS

No. 7995.

719 P.2d 815 (1985)

104 N.M. 237

STATE of New Mexico, Plaintiff-Appellee, v. Robert Earl DAVIS, Defendant-Appellant.

Court of Appeals of New Mexico.

June 20, 1985.


Attorney(s) appearing for the Case

Thomas J. Horne, Thomas J. Horne, P.C., Albuquerque, for defendant-appellant.

Paul G. Bardacke, Atty. Gen., Charles D. Noland, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

HENDLEY, Judge.

Defendant appeals a judgment adjudging him to be a habitual offender and imposing an enhanced sentence pursuant to NMSA 1978, Section 31-18-17 (Cum.Supp.1984). The issues raised involve the validity of a prior conviction and whether a deferred sentence may be enhanced under the habitual offender statute. We hold that the prior challenged conviction is valid. However, we also hold that a deferred sentence cannot be enhanced. Accordingly...

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