State v. Reaves

OPINION

WALTERS, Chief Judge.

In his appeal from enhancement of his sentence as an habitual offender, defendant raises one issue:

Is it improper to enhance a sentence under the general habitual offender statute if it has already been enhanced under the firearm enhancement statute?

We hold that it is not improper and affirm.

Defendant was convicted in January, 1982 of aggravated assault. The jury found he had used a firearm in the commission of the crime. A basic sentence of 18 months (§ 31-18-15, N.M.S.A.1978 [1981 Repl.Pamph.]) for aggravated assault (§ 30-3-2, N.M.S.A.1978) was enhanced by one…