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STATE v. TAVE

No. 25,906.

158 P.3d 1014 (2007)

2007-NMCA-059

STATE of New Mexico, Plaintiff-Appellant, v. Julio TAVE, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied May 11, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, Joel Jacobsen, Assistant Attorney General, Albuquerque, NM, for Appellant.

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

Certiorari Denied, No. 30,352, May 11, 2007.

OPINION

FRY, Judge.

{1} The State appeals the trial court's sentence of Defendant Julio Tave on the basis that the trial court incorrectly interpreted and applied the habitual offender statute, NMSA 1978, § 31-18-17 (2003). As a statutory sentence enhancement scheme for repeat offenders, the statute prohibits the use of prior convictions whose sentence, parole, or probation completion...

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