State v. Russell

OPINION

HENDLEY, Judge.

Convicted of commercial burglary contrary to § 30-16-3(B), N.M.S.A.1978, and of being a habitual offender pursuant to § 31 — 18-17(B), N.M.S.A.1978 (Supp.1979), defendant appeals. He contends the trial court erred when it held that it had no discretion to suspend or defer the basic sentence imposed under § 31-18-15.1, N.M. S.A.1978 (Supp.1979), when it had increased the sentence by one year pursuant to § 31 — 18-17(B).

We calendared this case for summary reversal and the State has filed a timely memorandum in opposition, contending that it was the legislative intent that…