STATE v. GADDY

No. 11283.

792 P.2d 1163 (1990)

STATE of New Mexico, Plaintiff-Appellee, v. Calvin GADDY, Defendant-Appellant.

Court of Appeals of New Mexico.

May 1, 1990.


Attorney(s) appearing for the Case

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

Jacquelyn Robins, Chief Public Defender, Peter Rames, Asst. Appellate Defender, Santa Fe, for defendant-appellant.


OPINION

ALARID, Judge.

Defendant appeals the enhancement of his sentence as a habitual offender. The dispositive issue in the case is whether the district court had jurisdiction to determine defendant's status as a repeat offender when the court made that determination only after defendant had completely served his underlying sentence. We reverse.

FACTS

Defendant was convicted of a felony on July 5, 1985. On September 17, 1985, he was sentenced...

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