STATE v. SMITH

No. 28,477.

98 P.3d 1022 (2004)

136 N.M. 372

2004-NMSC-032

STATE of New Mexico, Plaintiff-Petitioner, v. Kathleen SMITH, Roy Gonzales, and Richard Montoya, Defendants-Respondents.

Supreme Court of New Mexico.

September 16, 2004.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Stuart M. Bluestone, Chief Deputy Attorney General, Margaret McLean, Assistant Attorney General, Arthur W. Pepin, Assistant Attorney General, Santa Fe, NM, for Petitioner.

Nancy L. Simmons, Jack Bennett Jacks, Albuquerque, NM, for Respondents.

Hilary Chandler Tompkins, Santa Fe, NM, for Amicus Curiae Office of the Governor.

Michael B. Browde, Albuquerque, NM, Paula Tackett, Santa Fe, NM, for Amicus Curiae N.M. Legislature.


OPINION

BOSSON, Justice.

{1} During the 2003 session, the New Mexico Legislature significantly amended the penalty provisions of the DWI statute, NMSA 1978, § 66-8-102(G) (1953, as amended through 2003), so as to increase the sentences for repeat offenders. See 2003 N.M. Laws, ch. 90, § 3. On appeal from Defendants' DWI convictions, the Court of Appeals reversed the sentences imposed. The court held that the penalty provisions, as amended...

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