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STATE v. NAJAR

No. 15093.

880 P.2d 327 (1994)

118 N.M. 230

STATE of New Mexico, Plaintiff-Appellee, v. Ralph NAJAR, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied August 16, 1994.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Bill Primm, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Sammy J. Quintana, Chief Public Defender, Susan Gibbs, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

OPINION

FLORES, Judge.

Defendant was convicted of escape from an inmate-release program under NMSA 1978, Section 33-2-46 (Repl.Pamp.1990) and was sentenced as a habitual offender under NMSA 1978, Section 31-18-17 (Repl. Pamp.1990) based on a prior felony conviction for aggravated battery and robbery. The sole issue on appeal is whether habitual offender enhancement of the escape conviction constitutes double jeopardy under the federal and state constitutions...

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