State v. Fairres

OPINION

WECHSLER, Chief J.

{1} Defendant Kurt Dewayne Fairres pleaded no contest to possession of methamphetamine, reserving his right to appeal the district court’s denial of his motion to suppress. On appeal, Defendant challenges the denial of the motion to suppress as well as his enhanced sentence as a habitual offender. We uphold the district court’s denial of the motion to suppress, but reverse Defendant’s sentence because the district court applied the habitual offender statute, NMSA 1978, § 31-18-17(B) (1993), to a conditional discharge granted under NMSA 1978, § 30-31-28(A) (1972) of…