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STATE v. BEGAY

Nos. 26,345, 26,346 and 26,347.

17 P.3d 434 (2001)

130 N.M. 61

2001-NMSC-002

STATE of New Mexico, Plaintiff-Petitioner, v. Franklin Harrison BEGAY, Defendant-Respondent. State of New Mexico, Plaintiff-Petitioner, v. Peter R. Phillips, Defendant-Respondent. State of New Mexico, Plaintiff-Petitioner, v. Lester Bitsuie, Defendant-Respondent.

Supreme Court of New Mexico.

January 4, 2001.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Patricia Gandert, Assistant Attorney General, Santa Fe, NM, for Petitioner.

Phyllis H. Subin, Chief Public Defender, Lisa N. Cassidy, Assistant Appellate Defender, Santa Fe, NM, for Respondents.

D. Eric Hannum, Albuquerque, NM, for Amicus Curiae New Mexico Criminal defense Lawyers Association.

OPINION

MINZNER, Chief Justice.

{1} The State appeals from three separate Court of Appeals decisions affirming trial court refusals to use a prior felony DWI (driving while intoxicated) conviction, see NMSA 1978, § 66-8-102 (1999), to enhance a sentence for a present non-DWI felony under the habitual offender statute, see NMSA 1978, § 31-18-17 (1993). See State v. Begay, No. 21,060, slip op. (NMCA May 2, 2000); State v....

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