State v. Rogers

OPINION

FELTER, Justice.

Defendant-Appellant, Rogers, was convicted and sentenced to life as a four-time felony offender under the Habitual Offender Statute, § 31-18-5, N.M.S.A.1978 (current version at § 31-18-17, N.M.S.A.1978 (Cum.Supp.1979)). From this conviction, Rogers raises two issues on appeal: (1) whether the evidence supports an enhanced sentence as a four-time felony offender; and (2) whether, in the context of this case, a life sentence is cruel and unusual punishment and therefore unconstitutional.

We hold that the evidence and findings in this case could sustain Rogers’ sentence…