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STATE v. FREED

No. 16402.

915 P.2d 325 (1996)

121 N.M. 562

STATE of New Mexico, Plaintiff-Appellee, v. Christopher FREED, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied April 17, 1996.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Bill Primm, Assistant Attorney General, Santa Fe, for Appellee.

T. Glenn Ellington, Chief Public Defender, Santa Fe, Jeff Rein, Assistant Public Defender, Albuquerque, for Appellant.

OPINION

HARTZ, Judge.

1. Defendant appeals the enhancement of his sentence as a third offender pursuant to the New Mexico habitual-offender statute, NMSA 1978, Sections 31-18-17 to -20 (Repl. Pamp.1994). Originally sentenced as a second offender, he then violated the terms of his probation. According to his plea agreement with the State, he was therefore subject to resentencing as a third offender. He challenges the validity of this provision of the...

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