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STATE v. ORTEGA

No. 23,892.

93 P.3d 758 (2004)

135 N.M. 737

2004-NMCA-080

STATE of New Mexico, Plaintiff-Appellee, v. Ronnie E. ORTEGA, III, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied June 30, 2004.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, M. Victoria Wilson, Assistant Attorney General, Albuquerque, NM, for Appellee.

John B. Bigelow, Chief Public Defender, Steven J. Potter, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

Certiorari Denied, No. 28,649, June 30, 2004.

OPINION

WECHSLER, Chief Judge.

{1} This appeal raises a variation of the issue of whether the 2002 amendment to the habitual offender statute, NMSA 1978, § 31-18-17 (2002), applies to the enhancement of a sentence after July 1, 2002, the effective date of the amendment. The amendment in part excludes a felony conviction from habitual offender consideration...

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