STATE v. CHORNEY

No. 21,769.

29 P.3d 538 (2001)

130 N.M. 638

2001-NMCA-050

STATE of New Mexico, Plaintiff-Appellee, v. Richard CHORNEY, Defendant-Appellant.

Court of Appeals of New Mexico.

June 27, 2001.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Katherine Zinn, Assistant Attorney General, Santa Fe, NM, for Appellee.

Phyllis H. Subin, Chief Public Defender, Sheila Lewis, Assistant Appellate Defender, Santa Fe, NM, for Appellant.


OPINION

SUTIN, Judge.

{1} Defendant Richard Chorney appeals the use of a habitual offender enhancement to extend his criminal incompetency commitment. We reverse.

BACKGROUND

{2} Defendant was convicted of shoplifting, aggravated assault with a deadly weapon, negligent use of a weapon, and unlawful carrying of a deadly weapon, together with being a felon in possession of a firearm. Shortly after Defendant's convictions, the State filed a...

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