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STATE v. RUEDA

No. 18,396.

975 P.2d 351 (1998)

126 N.M. 738

1999-NMCA-033

STATE of New Mexico, Plaintiff-Appellant, v. Lucille RUEDA, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied March 2, 1999.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Margaret McLean, Ass't Attorney General, Santa Fe, for Appellant.

Phyllis H. Subin, Chief Public Defender, Bruce Rogoff, Appellate Defender, Santa Fe, for Appellee.

Certiorari Denied, No. 25,567, March 2, 1999.

OPINION

DONNELLY, Judge.

{1} The State appeals from an order dismissing the habitual offender proceedings against Defendant, following her fifth felony conviction for shoplifting. The principal issue posed on appeal is whether the imposition of an enhanced sentence pursuant to the habitual offender statute, NMSA 1978, § 31-18-17 (1993), is so disproportionate as to offend Article II, Section 13 of...

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