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STATE v. MOYA

No. 25,546.

142 P.3d 43 (2006)

2006-NMCA-103

STATE of New Mexico, Plaintiff-Appellant, v. Donald MOYA, Defendant-Appellee.

Court of Appeals of New Mexico.

As Corrected September 5, 2006.

Certiorari Granted September 13, 2006.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, Steven S. Suttle, Assistant Attorney General, Albuquerque, NM, for Appellant.

Robert E. Tangora, L.L.C., Robert E. Tangora, Santa Fe, NM, for Appellee.

Certiorari Granted, No. 29,919, September 13, 2006.

OPINION

WECHSLER, Judge.

{1} The sole issue in this case is whether the Habitual Offender Act, NMSA 1978, § 31-18-17 (2003), includes as an enhancement felony a misdemeanor conviction in another state that would have been classified as a felony in New Mexico. We hold that it does not and affirm the district court's sentence.

{2} Defendant Donald Moya was charged...

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