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STATE v. SMITH

Nos. 24,253, 24,254, 24,258.

85 P.3d 804 (2004)

135 N.M. 162

2004-NMCA-026

STATE of New Mexico, Plaintiff-Appellee, v. Kathleen SMITH, Defendant-Appellant, State of New Mexico, Plaintiff-Appellee, v. Roy Gonzales, Defendant-Appellant, State of New Mexico, Plaintiff-Appellee, v. Richard Montoya, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted February 16, 2004.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, NM, for Plaintiff-Appellee.

John B. Bigelow, Chief Public Defender, Sue A. Herrmann, Assistant Appellate Defender, Santa Fe, NM, for Defendants-Appellants.

Certiorari Granted, No. 28,477, February 16, 2004.

OPINION

KENNEDY, Judge.

{1} In these three consolidated appeals, we consider the effect of successive amendments to the driving while under the influence of liquor (DWI) statute on a felony DWI sentencing. See NMSA 1978, § 66-8-102 (1953, as amended through 2003). We hold that the last amendment of the statute that was enacted by the legislature governs the sentencing of Defendants...

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