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STATE v. VILLALOBOS

No. 23595.

968 P.2d 766 (1998)

126 N.M. 255

1998-NMSC-036

STATE of New Mexico, Plaintiff-Respondent, v. Gilbert VILLALOBOS, Defendant-Petitioner.

Supreme Court of New Mexico.

October 14, 1998.

Attorney(s) appearing for the Case

Phyllis H. Subin, Chief Public Defender, Susan Roth, Assistant Appellate Defender, Santa Fe, for Appellant.

Hon. Tom Udall, Attorney General, Max Shepherd, Assistant Attorney General, Santa Fe, for Appellee.

OPINION

FRANCHINI, Chief Justice.

{1} On February 2, 1993, Gilbert Villalobos pled guilty to fourth-degree felony larceny (over $250). He received a sentence of eighteen months, the "basic sentence" for the crime pursuant to NMSA 1978, § 31-18-15(A)(6) (1977), which the court suspended. As part of the order suspending sentence, he was placed on probation for three years. The principal issue in this case...

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