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VALLEJOS v. MARQUEZ

No. 30,242.

176 P.3d 1089 (2007)

2008-NMSC-003

Christine VALLEJOS, Warden, Plaintiff-Appellant, v. Robert C. MARQUEZ, Defendant-Appellee.

Supreme Court of New Mexico.

December 20, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, M. Victoria Wilson, Assistant Attorney General, Santa Fe, NM, for Appellant.

Romero & Associates, P.A., Joe M. Romero, Jr., Albuquerque, NM, for Appellee.

OPINION

CHAVEZ, Chief Justice.

{1} This case is before us on an original petition for writ of habeas corpus. The sole question we must address is how the Earned Meritorious Deductions Act (EMDA), NMSA 1978, Sections 33-2-34 to-37 (1999), should be applied when a sentence has been enhanced under the Habitual Offender Act, NMSA 1978, Sections 31-18-17 to-20 (2002). We conclude that the enhanced sentence replaces the original, basic sentence, making...

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