STATE v. MARTINEZ

No. 24,194.

966 P.2d 747 (1998)

126 N.M. 39

1998-NMSC-023

STATE of New Mexico, Plaintiff-Appellant, v. Escolastico MARTINEZ, Defendant-Appellee.

Supreme Court of New Mexico.

Motion for Rehearing denied August 19, 1998.


Attorney(s) appearing for the Case

Tom Udall, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, for Appellant.

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


OPINION

MINZNER, Justice.

{1} Defendant Escolastico Martinez pleaded guilty to, inter alia, a charge of aggravated driving while intoxicated (DWI), third offense, contrary to NMSA 1978, § 66-8-102(F)(2) (1994, prior to 1997 amendment). On this charge, the magistrate court sentenced Martinez to 364 days in jail, suspending 274 days and leaving a remaining jail term of 90 days. The court later entered an amended sentence granting 90 days presentence...

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