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STATE v. NELSON

No. 16161.

910 P.2d 935 (1996)

121 N.M. 301

STATE of New Mexico, Plaintiff-Appellant, v. Tommy NELSON, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied January 23, 1996.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Joel Jacobsen, Asst. Attorney General, Santa Fe, for Plaintiff-Appellant.

Hilary Lamberton, Lamberton & Riedel, Santa Fe, for Defendant-Appellee.

OPINION

BUSTAMANTE, Judge.

1. The State's appeal in this case presents a single issue: whether a valid out-of-state conviction for driving under the influence of intoxicating liquor or drugs (DWI) constitutes a prior conviction sufficient to enhance a sentence under the penalty enhancement provisions of the Motor Vehicle Code, NMSA 1978, §§ 66-1-1 to 66-8-140 [except 66-8-102.1] (Repl.Pamp.1994 & Supp. 1995) (the MVC), specifically the...

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