STATE v. STANFORD

No. 23,782.

94 P.3d 14 (2004)

136 N.M. 14

2004-NMCA-071

STATE of New Mexico, Plaintiff-Appellee, v. Mack STANFORD, Defendant-Appellant.

Court of Appeals of New Mexico.

April 21, 2004.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Arthur W. Pepin, Assistant Attorney General, Santa Fe, for Appellee.

C. Barry Crutchfield, Templeman and Crutchfield, Lovington, for Appellant.


OPINION

WECHSLER, Chief Judge.

{1} In this appeal, we hold that Article IV, Section 34 of the New Mexico Constitution, which prohibits a legislative act from affecting the right or remedy of a party in a pending case, precludes the effect of the 2002 amendment to the habitual offender statute, NMSA 1978, § 31-18-17 (2002), when a supplemental criminal information is filed before, and Defendant is sentenced after, the July 1, 2002 effective date...

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