STATE v. VALDEZ

No. 10350.

763 P.2d 76 (1988)

STATE of New Mexico, Plaintiff-Appellee, v. Jacobo VALDEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

August 18, 1988.


Attorney(s) appearing for the Case

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

Jacquelyn Robins, Chief Public Defender, Bruce Rogoff, Asst. Appellate Defender, Santa Fe, for defendant-appellant.


OPINION

DONNELLY, Chief Judge.

Defendant appeals his sentence enhancement as an habitual offender. The sole issue on appeal is whether a prior conviction used to enhance defendant's sentence for fraud was valid. We reverse.

Following a jury trial, defendant was convicted of fraud over $100 but not more than $2,500, contrary to NMSA 1978, Section 30-16-6 (Repl.Pamp. 1984). No appeal was taken from that conviction. Thereafter, the state filed a supplemental...

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