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STATE v. SIMMONS

No. 29,563.

142 P.3d 899 (2006)

2006-NMSC-044

STATE of New Mexico, Plaintiff-Respondent, v. Chris Allen SIMMONS, Defendant-Petitioner.

Supreme Court of New Mexico.

As Revised September 25, 2006.

Attorney(s) appearing for the Case

John Bigelow, Chief Public Defender, Karl Erich Martell, Assistant Appellate Defender, Santa Fe, NM, for Petitioner.

Patricia A. Madrid, Attorney General, Katherine Zinn, Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

CHÁVEZ, Justice.

{1} Chris Allen Simmons ("Defendant") entered guilty pleas to pending charges on November 26, 2003. He appeals his sentencing under NMSA 1978, Section 31-18-17(D) (2003) ("habitual offender statute"), claiming that a 1990 felony conviction should not have been used to enhance his sentence when he completed his sentence for the 1990 conviction more than ten years before his plea of guilty to the present charges....

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