State v. Tave

OPINION

FRY, Judge.

{1} The State appeals the trial court’s sentence of Defendant Julio Tave on the basis that the trial court incorrectly interpreted and applied the habitual offender statute, NMSA 1978, § 31-18-17 (2003). As a statutory sentence enhancement scheme for repeat offenders, the statute prohibits the use of prior convictions whose sentence, parole, or probation completion dates are more than ten years old. In this case, the trial court refused to enhance Defendant’s sentence because it calculated the ten-year period from the date that it re-sentenced Defendant after Defendant…