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STATE v. RUIZ

No. 11239.

786 P.2d 51 (1989)

109 N.M. 437

STATE of New Mexico, Plaintiff-Appellant, v. Ismael RUIZ, Jr., Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied January 10, 1990.

Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., Bill Primm, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Jacquelyn Robins, Chief Public Defender, Jonathan A. Abbott, Asst. Appellate Defender, Santa Fe, for defendant-appellee.

OPINION

HARTZ, Judge.

The state contends that the district court lacked authority to order defendant confined in the county jail for his one-year sentence. We agree and reverse and remand for imposition of a correct sentence.

Defendant was convicted of battery on a peace officer and resisting arrest. Later the district court found him to be a habitual offender, with one prior conviction. The district court suspended defendant's eighteen-month sentence...

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