State v. Chorney

OPINION

SUTIN, Judge.

{1} Defendant Richard Chorney appeals the use of a habitual offender enhancement to extend his criminal incompetency commitment. We reverse.

BACKGROUND

{2} Defendant was convicted of shoplifting, aggravated assault with a deadly weapon, negligent use of a weapon, and unlawful carrying of a deadly weapon, together with being a felon in possession of a firearm. Shortly after Defendant’s convictions, the State filed a supplemental information charging Defendant as a three-felony habitual offender under NMSA 1978, § 31-18-17 (1993). Before sentencing, Defendant was charged…