STATE v. CASTILLO

No. 9753.

735 P.2d 540 (1987)

105 N.M. 623

STATE of New Mexico, Plaintiff-Appellee, v. Trinidad CASTILLO, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied April 9, 1987.


Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., Santa Fe, for plaintiff-appellee.

Jacquelyn Robins, Chief Public Defender, Bruce Rogoff, Asst. Appellate Defender, Santa Fe, James C. Kennedy, III, Carlsbad, for defendant-appellant.


OPINION

MINZNER, Judge.

Defendant appeals from his sentence as an habitual offender. He contends that the trial court erred in considering entry of a plea of "guilty" as a prior conviction because that plea had not been reduced to a written judgment and sentence at the time the subsequent offense was committed. This court proposed summary affirmance, and defendant has filed a timely memorandum in opposition. Under the facts of this case, we affirm.

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