STATE v. MONTAÑO

No. 23870.

95 P.3d 1059 (2004)

136 N.M. 144

2004-NMCA-094

STATE of New Mexico, Plaintiff-Appellant, v. Roger MONTAÑO, Defendant-Appellee.

Court of Appeals of New Mexico.

June 15, 2004.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, for Appellant.

John Bigelow, Chief Public Defender, Sujatha Baliga, Assistant Appellate Defender, Santa Fe, for Appellee.


OPINION

VIGIL, J.

{1} The State filed a petition to impose an eight year habitual offender sentence on grounds that under a plea and disposition agreement Defendant admitted to being a habitual offender based on three prior felonies, and he was subject to the enhancement because he violated his plea and disposition agreement. The trial court dismissed the petition, finding it lacked jurisdiction because the Defendant had completed serving his term...

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