State v. Darrah

OPINION

JOE W. WOOD, Judge, Court of Appeals.

Defendant was convicted of a felony ■committed in Bernalillo County, New Mexico, on October 7, 1965. A supplemental information charged that defendant was the person convicted of felonies committed in the same county on December 5, 1956, and April 19, 1961. A jury found defendant to be the person so convicted in 1956 and 1961. Judgment was entered imposing sentence as an habitual offender under § 40A-29-5, N.M.S.A.1953.

Defendant’s appeal attacks the validity of the two prior convictions. He contends: (1) that he did not have a preliminary…