State v. Hirsch

OPINION

WOOD, Chief Judge.

A supplemental information sought enhancement of defendant’s sentence for involuntary manslaughter on the basis that he was an habitual offender. Defendant moved to dismiss the supplemental information, alleging that delay in its filing deprived him of due process. The motion was denied; defendant appeals.

The involuntary manslaughter conviction was on May 2, 1979. He was sentenced on May 29, 1979 to a penitentiary term of not less than one nor more than five years. This sentence was pursuant to the statute applicable at the time. Section 31-18-3(D), N.M.S.A.1978.

The…