State v. Najar

OPINION

FLORES, Judge.

Defendant was convicted of escape from an inmate-release program under NMSA 1978, Section 33-2-46 (Repl.Pamp.1990) and was sentenced as a habitual offender under NMSA 1978, Section 31-18-17 (Repl. Pamp.1990) based on a prior felony conviction for aggravated battery and robbery. The sole issue on appeal is whether habitual offender enhancement of the escape conviction constitutes double jeopardy under the federal and state constitutions. See U.S. Const. amend. V; N.M. Const. art. II, § 15. We affirm.

Defendant raises the double jeopardy issue for the first time on appeal.…