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STATE v. LEYBA

No. 27,597.

204 P.3d 37 (2008)

2009-NMCA-030

STATE of New Mexico, Plaintiff-Appellee, v. Ernie LEYBA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,512, February 11, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Andrea Sassa, Assistant Attorney General, Santa Fe, NM, for Appellee.

Hugh W. Dangler, Chief Public Defender, Mary A. Barket, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

VIGIL, Judge.

{1} The State entered into a plea and disposition agreement with Defendant and agreed not to bring habitual offender proceedings "if and only if" Defendant completed at least one year of inpatient alcohol treatment and successfully completed probation without a violation. Defendant violated his probation one month after beginning to serve his probation, and he admitted to the violation. The State did not bring habitual...

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