Legal Opinion

State v. Lovato

New Mexico Court of Appeals

Decided March 6, 2007No. 24,469PublishedCited by 6 opinions

1Opinion of the Court

OPINION

VIGIL, Judge.

{1} In this appeal we consider whether a trial court may impose two habitual offender enhancements upon a defendant who has completed service of his sentence on the first of two underlying felonies, but remains incarcerated for the second. See NMSA 1978, § 31-18-17 (2003) (providing for an enhanced sentence of a convicted felon upon proof of one or more prior felonies). We conclude that Defendant had a reasonable expectation of finality in the sentence imposed for each underlying felony, and that when Defendant completed serving his sentence on the first felony, that…

2Cases cited10 opinions

  1. State v. MayberryNew Mexico Court of Appeals · 1982
  2. March v. StateNew Mexico Supreme Court · 1989
  3. State v. GaddyNew Mexico Court of Appeals · 1990
  4. Brock v. SullivanNew Mexico Supreme Court · 1987
  5. State v. HouseNew Mexico Court of Appeals · 2001

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3Cited by6 opinions

  1. State v. YazzieNew Mexico Court of Appeals · 2017
  2. State v. YazzieNew Mexico Court of Appeals · 2017
  3. State v. Banghart-PortilloNew Mexico Supreme Court · 2022
  4. State v. LuceroNew Mexico Court of Appeals · 2010
  5. State v. PowersNew Mexico Court of Appeals · 2011

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