State v. Hernandez

OPINION

BUSTAMANTE, Judge.

{1} This case presents an issue of first impression in New Mexico: Whether the offense/conviction chronological sequence required by State v. Linam, 93 N.M. 307, 600 P.2d 253 (1979) and Koonsman v. State, 116 N.M. 112, 860 P.2d 754 (1993) for imposition of habitual offender penalties applies to drunk driving sentencing under NMSA 1978, § 66-8-102(E), (F), (G) (1999). We hold that it does not, and affirm Defendant’s sentence and judgment as a fourth degree felony pursuant to Section 66-8-102(G).

FACTS AND PROCEEDINGS

{2} There is no conflict concerning the operative…