STATE v. TORRES

No. 28,234.

272 P.3d 689 (2012)

2012-NMCA-026

STATE of New Mexico, Plaintiff-Appellee, v. Hector TORRES, Defendant-Appellant.

Court of Appeals of New Mexico.

January 11, 2012.


Attorney(s) appearing for the Case

Gary K. King , Attorney General, Santa Fe, NM, Jacqueline R. Medina , Assistant Attorney General, Albuquerque, NM, for Appellee.

Jacqueline L. Cooper , Chief Public Defender, Mary Barket , Assistant Appellate Defender, Santa Fe, NM, for Appellant.


OPINION

WECHSLER, Judge.

{1} Defendant Hector Torres was sentenced in 1988 pursuant to a plea agreement for escape from the penitentiary and for his status as a habitual offender. The district court made several legal errors in ordering Defendant's sentence that resulted in an unlawfully light term of imprisonment. The State did not discover the errors until 2006, at a time when Defendant was nearing his release. The State filed a Rule 5-801...

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