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STATE v. VILLEGAS

No. 27,993.

203 P.3d 123 (2008)

2009-NMCA-023

STATE of New Mexico, Plaintiff-Appellant, v. Joseph VILLEGAS, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,488, January 30, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, for Appellant.

Hugh W. Dangler, Chief Public Defender, Nancy M. Hewitt, Appellate Defender, Santa Fe, NM, for Appellee.

OPINION

ALARID, Judge.

{1} The State appeals, challenging the district court's order denying the State's request for penalty enhancements for Defendant's multiple, second, or subsequent armed robbery convictions. The State argues that the district court erred by ruling that the State was barred from enhancing the penalty for Defendant's current armed robbery conviction with Defendant's prior armed robbery convictions because the issue was not...

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