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STATE v. COYAZO

No. 21,265.

25 P.3d 267 (2001)

130 N.M. 428

2001-NMCA-018

STATE of New Mexico, Plaintiff-Appellee, v. Oscar M. COYAZO, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied April 19, 2001.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Patricia Gandert, Assistant Attorney General, Santa Fe, NM, Attorneys for Plaintiff-Appellee.

Phyllis H. Subin, Chief Public Defender, Trace L. Rabern, Assistant Appellate Defender, Santa Fe, NM, Attorneys for Defendant-Appellant.

Certiorari Denied, No. 26,858, April 19, 2001.

OPINION

FRY, Judge.

{1} Defendant Oscar Coyazo pleaded no contest to his ninth conviction for driving while intoxicated (DWI), his third felony DWI. At his sentencing hearing, the district court sua sponte aggravated the maximum felony DWI sentence by one-third. Defendant appeals the aggravation of his sentence, arguing first that it violated the legislative intent recognized in State v. Anaya...

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