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STATE v. LOVATO

No. 24,469.

157 P.3d 73 (2007)

2007-NMCA-049

STATE of New Mexico, Plaintiff-Appellant, v. Kenneth LOVATO, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied April 19, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Arthur W. Pepin, Assistant Attorney General, Santa Fe, NM, for Appellant.

John Bigelow, Chief Public Defender, Trace L. Rabern, Assistant Appellate Defender, Santa Fe, NM, for Appellee.

Certiorari Denied, No. 30,300, April 19, 2007.

OPINION

VIGIL, Judge.

{1} In this appeal we consider whether a trial court may impose two habitual offender enhancements upon a defendant who has completed service of his sentence on the first of two underlying felonies, but remains incarcerated for the second. See NMSA 1978, § 31-18-17 (2003) (providing for an enhanced sentence of a convicted felon upon proof of one or more prior felonies...

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