State v. Griffin

OPINION

HENDLEY, Judge.

Defendant appeals his conviction as an habitual offender. We summarily answer his first two issues and reverse as to his third issue on the jury instruction.

The claim of double jeopardy is without merit and is controlled by State v. Lujan, 90 N.M. 778, 568 P.2d 614 (Ct.App.1977). His motion to dismiss on the grounds of an invalid prior conviction is also without merit. The comment on his silence was in response to his interjection of the issue. See State v. Sedillo, 81 N.M. 47, 462 P.2d 632 (Ct.App.1969).

Evidence and records were introduced at the hearing that a Kenneth…