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STATE v. HADDENHAM

Nos. 11334, 11357.

793 P.2d 279 (1990)

110 N.M. 149

STATE of New Mexico, Plaintiff-Appellee, v. Kim HADDENHAM, Defendant-Appellant. STATE of New Mexico, Plaintiff-Appellee, v. Ben BENTON, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied May 22, May 23, and May 30, 1990.

Attorney(s) appearing for the Case

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

Jacquelyn Robins, Chief Public Defender, Sheila Lewis, Asst. Appellate Defender, Santa Fe, for defendant-appellant Kim Haddenham.

Jacquelyn Robins, Chief Public Defender, Jerry Todd Wertheim, Asst. Appellate Defender, Santa Fe, for defendant-appellant Ben Benton.

OPINION

DONNELLY, Judge.

These consolidated cases involve the common question of whether it is legally permissible for the state to present evidence of the same felony to prove an essential element of the crime of felon in possession of a firearm contrary to NMSA 1978, Section 30-7-16 (Repl.Pamp. 1984), and to rely upon this same evidence for purposes of enhancing defendants' sentences under the habitual offender criminal statute, NMSA 1978, Section 31-18...

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