State v. Valenzuela

OPINION

FELTER, JUSTICE.

Defendant-Respondent Antonio Felipe Valenzuela (Valenzuela) was convicted and sentenced to a term of imprisonment of not less than twenty-five years, nor more than one hundred years under the Habitual Offender Statute, Section 31-18-5, N.M.S.A. 1978 (current version at Section 31-18-17, N.M.S.A.1978 (Cum.Supp.1979)). The Court of Appeals reversed the judgment and disposition by the trial court, and the case is now before this Court on a writ of certiorari. We affirm the decision of the Court of Appeals.

Two issues confront us in this case: (1) whether the rule in State…